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
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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
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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
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(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.