As Passed by the House                        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-MEAD-SCHULER-MOTTLEY-D. MILLER-PERRY-         12           

     OGG-ALLEN-BENDER-FLANNERY-DISTEL-REDFERN-CATES-GOODMAN-       13           

    GOODING-SMITH-BARNES-PATTON-SULZER-VERICH-METTLER-CLANCY-      14           

        O'BRIEN-METZGER-CORBIN-R. MILLER-BARRETT-AUSTRIA-          15           

             COLLIER-WINKLER-ROBERTS-BRITTON-VESPER                16           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 5139.07, 5145.06, and 5145.161 of   19           

                the Revised Code to require that prisoners in the  21           

                custody of the Department of Rehabilitation and    22           

                Correction participate in educational programs     23           

                and that children who are committed to the                      

                Department of Youth Services work toward earning   24           

                a high school diploma, and generally to limit      26           

                designated types of prisoner employment to                      

                prisoners who have earned a high school diploma    27           

                or certificate of high school equivalence.         28           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 5139.07, 5145.06, and 5145.161 of  32           

the Revised Code be amended to read as follows:                    34           

      Sec. 5139.07.  (A)(1)(a)  As a means of correcting the       43           

socially harmful tendencies of a child committed to it, the        44           

department of youth services may require participation by the A    45           

child TO PARTICIPATE in vocational, physical, educational, and     47           

corrective training and activities, and the conduct and modes of   48           

                                                          2      


                                                                 
life that seem best adapted to rehabilitate the child and fit the  49           

child for return to full liberty without danger to the public      51           

welfare.  The                                                                   

      (b)  EXCEPT AS OTHERWISE PROVIDED, THE DEPARTMENT SHALL      53           

REQUIRE ANY CHILD COMMITTED TO IT WHO HAS NOT ATTAINED A DIPLOMA   54           

OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, TO PARTICIPATE IN       55           

COURSES LEADING TOWARD A HIGH SCHOOL DIPLOMA OR AN OHIO            56           

CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.  THIS REQUIREMENT DOES     57           

NOT APPLY TO A CHILD IN AN ASSESSMENT PROGRAM OR TREATMENT         58           

INTERVENTION PROGRAM PRESCRIBED BY THE DEPARTMENT.                              

      (c)  THE department may monetarily compensate the child for  61           

the activities described in this section by transferring the                    

wages of the child for those activities to the appropriate youth   62           

benefit fund created under section 5139.86 of the Revised Code.    63           

This                                                                            

      (d)  THIS section does not permit the department to release  67           

a child committed to it from institutional care or institutional   68           

care in a secure facility, whichever is applicable, other than in  69           

accordance with sections 2151.38, 5139.06, 5139.38, and 5139.50    70           

to 5139.54 of the Revised Code.                                                 

      (2)  THE FAILURE OF THE DEPARTMENT OF YOUTH SERVICES TO      72           

PROVIDE, PURSUANT TO DIVISION (A)(1) OF THIS SECTION, AN           73           

OPPORTUNITY FOR ANY CHILD COMMITTED TO IT TO PARTICIPATE IN        74           

COURSES THAT LEAD TO A HIGH SCHOOL DIPLOMA OR AN OHIO CERTIFICATE  75           

OF HIGH SCHOOL EQUIVALENCE, DOES NOT GIVE RISE TO A CLAIM FOR      76           

DAMAGES AGAINST THE DEPARTMENT.                                                 

      (B)  The department may require a child committed to it to   78           

return to the child's home or to be placed in a foster care        80           

placement if it is authorized to make a placement of that nature   81           

under sections 2151.38, 5139.06, 5139.38, and 5139.50 to 5139.54   82           

of the Revised Code.  Any placement of that nature shall be made   83           

in accordance with those sections.  The legal residence of a       84           

child so placed by the department is the place in which the child  85           

is residing in accordance with a department order of placement.    86           

                                                          3      


                                                                 
The school district responsible for payment of tuition on behalf   87           

of the child so placed shall be determined pursuant to section     88           

3313.64 or 3313.65 of the Revised Code.                            89           

      Sec. 5145.06.  (A)  The department of rehabilitation and     98           

correction shall establish and operate a school system that is     100          

approved and chartered by the department of education and          101          

designated as the Ohio central school system to serve all of the   102          

correctional institutions under its control.  The Ohio central                  

school system shall provide educational programs for prisoners to  103          

allow them to complete adult basic education courses, earn Ohio    104          

certificates of high school equivalence, or pursue vocational      105          

training.  To that end, the department may employ appropriately    106          

certified teachers, administrators, and support staff.  The        107          

department shall provide classrooms, shops, and other appropriate               

facilities and necessary furniture, books, stationery, supplies,   108          

and equipment.                                                     109          

      (B)(1)  THE DEPARTMENT OF REHABILITATION AND CORRECTION      112          

SHALL REQUIRE EACH PRISONER  WHO HAS NOT OBTAINED A HIGH SCHOOL    113          

DIPLOMA TO TAKE COURSES LEADING TOWARD AN OHIO CERTIFICATE OF      114          

HIGH SCHOOL EQUIVALENCE, AN OHIO HIGH SCHOOL DIPLOMA PURSUANT TO   115          

SECTION 3313.61 OF THE REVISED CODE, OR COURSES THAT PROVIDE       116          

VOCATIONAL TRAINING.  IF A PRISONER HAS OBTAINED A HIGH SCHOOL     117          

DIPLOMA, THE DEPARTMENT SHALL ENCOURAGE THE PRISONER TO                         

PARTICIPATE IN A PROGRAM OF ADVANCED STUDIES OR TRAINING FOR A     119          

SKILLED TRADE.                                                                  

      (2)  THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL   122          

ADOPT RULES THAT PRESCRIBE DISCIPLINARY ACTIONS THAT THE           123          

DEPARTMENT MAY TAKE IF A PRISONER REFUSES TO PARTICIPATE IN AN     124          

EDUCATIONAL PROGRAM REQUIRED UNDER DIVISION (B)(1) OF THIS         125          

SECTION.                                                                        

      (3)  THE FAILURE OF THE DEPARTMENT OF REHABILITATION AND     127          

CORRECTION TO PROVIDE, PURSUANT TO DIVISION (B)(1) OF THIS         128          

SECTION, AN OPPORTUNITY FOR ANY PRISONER TO PARTICIPATE IN         129          

COURSES THAT LEAD TOWARD AN OHIO CERTIFICATE OF HIGH SCHOOL        130          

                                                          4      


                                                                 
EQUIVALENCE OR AN OHIO HIGH SCHOOL DIPLOMA, OR THAT PROVIDE        131          

VOCATIONAL TRAINING, DOES NOT GIVE RISE TO A CLAIM FOR DAMAGES     132          

AGAINST THE DEPARTMENT.                                                         

      Sec. 5145.161.  (A)  The program for the employment of       141          

prisoners within the custody of the department of rehabilitation   142          

and correction that the department is required to establish by     143          

division (A) of section 5145.16 of the Revised Code shall be       144          

administered in accordance with any rules adopted pursuant to      145          

division (B) of section 5145.03 of the Revised Code and with the   146          

following requirements:                                            147          

      (1)  The department shall consider the nature of the         149          

offense committed by a prisoner, the availability of employment,   150          

the security requirements for the prisoner, his THE PRISONER'S     151          

present state of mind, his THE PRISONER'S record in the            152          

institution to which he THE PRISONER has been committed, and all   153          

other relevant factors when assigning a prisoner to his THE        154          

PRISONER'S initial job assignment.  The department, when making a  156          

prisoner's initial job assignment, shall attempt to develop the    157          

prisoner's work skills, provide rehabilitation for the prisoner,   158          

consider the proximity to the prisoner's family, and permit the    159          

prisoner to provide support for his THE PRISONER'S dependents if   160          

the inmate's PRISONER'S earnings are sufficient for that to be     161          

feasible.                                                                       

      (2)(a)  EXCEPT AS PROVIDED IN DIVISION (A)(2)(b) OF THIS     164          

SECTION, NO PRISONER SHALL BE ASSIGNED TO ANY JOB WITH THE OHIO    165          

PENAL INDUSTRIES, OR TO ANY OTHER JOB LEVEL OR JOB GRADE OF        166          

PRISONER EMPLOYMENT THAT THE DIRECTOR OF REHABILITATION AND        167          

CORRECTION MAY DESIGNATE, UNLESS THE PRISONER HAS OBTAINED A HIGH  168          

SCHOOL DIPLOMA OR A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.                     

      (b)  DIVISION (A)(2)(a) OF THIS SECTION DOES NOT APPLY TO    171          

EITHER OF THE FOLLOWING:                                                        

      (i)  A PRISONER WHO IS DETERMINED, IN ACCORDANCE WITH A      173          

PROCEDURE APPROVED BY THE DIRECTOR, TO BE INCAPABLE OF OBTAINING   174          

A DIPLOMA OR CERTIFICATE OF HIGH SCHOOL EQUIVALENCE;               175          

                                                          5      


                                                                 
      (ii)  A PRISONER WORKING IN THE OHIO PENAL INDUSTRIES AS OF  178          

FEBRUARY 1, 1999, WHO APPLIED ON OR BEFORE MAY 1, 1999, FOR        179          

ENROLLMENT IN A PROGRAM LEADING TO A DIPLOMA OR A CERTIFICATE OF                

HIGH SCHOOL EQUIVALENCE, AND WHO HAS BEEN ENROLLED IN THAT         180          

PROGRAM FOR LESS THAN ONE YEAR.                                    181          

      (3)  Each prisoner shall be required to perform his THE      183          

PRISONER'S job satisfactorily, be permitted to be absent from his  184          

THE PRISONER'S job only for legitimate reasons, be required to     185          

comply with all security requirements, and be required to comply   186          

with any other reasonable job performance standards.               187          

      (3)(4)  A prisoner who advances from one job grade to the    189          

next higher job grade within the job level, advances from one job  190          

level to the next higher job level, or advances from one job       191          

category to the next highest job category shall receive            192          

additional benefits in accordance with the rules adopted pursuant  193          

to division (B) of section 5145.03 of the Revised Code.            194          

      (4)(5)  A prisoner shall not be eligible for a job in        196          

private industry or agriculture, unless he THE PRISONER meets the  197          

requirements of the department for private employment that are     198          

set forth in rules adopted pursuant to division (B) of section     199          

5145.03 of the Revised Code.                                       200          

      (5)(6)  A prisoner who violates the work requirements of     202          

any job grade, level, or category shall be disciplined pursuant    203          

to the disciplinary procedure adopted pursuant to division (B)(9)  204          

of section 5145.03 of the Revised Code.                            205          

      (B)  The department of rehabilitation and correction may     207          

administer the program that it is required to establish by         208          

division (A) of section 5145.16 of the Revised Code in any manner  209          

that is consistent with division (A) of this section, division     210          

(B) of section 5145.03, and section 5145.16 of the Revised Code.   211          

      Section 2.  That existing sections 5139.07, 5145.06, and     213          

5145.161 of the Revised Code are hereby repealed.                  214          

      Section 3.  Section 5139.07 of the Revised Code is           216          

presented in this act as a composite of the section as amended by  217          

                                                          6      


                                                                 
both Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General    218          

Assembly, with the new language of neither of the acts shown in    220          

capital letters.  This is in recognition of the principle stated   221          

in division (B) of section 1.52 of the Revised Code that such      222          

amendments are to be harmonized where not substantively            223          

irreconcilable and constitutes a legislative finding that such is  224          

the resulting version in effect prior to the effective date of     225          

this act.