As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 12 5
1999-2000 6
SENATORS MUMPER-ARMBRUSTER-CARNES-WACHTMANN 8
10
A B I L L
To amend section 2921.44 and to enact sections 9.08, 12
341.42, 753.32, and 5145.31 of the Revised Code 13
to prohibit prisoners in state, county, and
municipal and privately operated correctional 14
facilities from having access to the Internet. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2921.44 be amended and sections 19
9.08, 341.42, 753.32, and 5145.31 of the Revised Code be enacted 20
to read as follows:
Sec. 9.08. (A) AS USED IN THIS SECTION: 22
(1) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" 24
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 25
(2) "CONTRACTOR" MEANS EITHER OF THE FOLLOWING: 27
(a) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.06 29
OF THE REVISED CODE.
(b) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.07 31
OF THE REVISED CODE TO OPERATE AND MANAGE A CORRECTIONAL FACILITY 32
IN THIS STATE FOR OUT-OF-STATE PRISONERS. 33
(3) "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL 35
FACILITY THAT IS OPERATED BY A CONTRACTOR UNDER A CONTRACT 36
PURSUANT TO SECTION 9.06 OR 9.07 OF THE REVISED CODE. 37
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 39
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CONTRACTOR WHO IS 41
OPERATING AND MANAGING A PRIVATE CORRECTIONAL FACILITY SHALL 42
PROVIDE A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY ACCESS TO 43
2
OR PERMIT A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY TO HAVE 44
ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 45
NETWORK, OR COMPUTER SYSTEM.
Sec. 341.42. (A) AS USED IN THIS SECTION: 47
(1) "COUNTY CORRECTIONAL OFFICER" HAS THE SAME MEANING AS 49
IN SECTION 341.41 OF THE REVISED CODE. 50
(2) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" 52
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 53
(3) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 55
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 56
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 57
WIDE WEB.
(B) NO COUNTY CORRECTIONAL OFFICER SHALL PROVIDE A 59
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 60
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, OR 61
COMPUTER SYSTEM.
Sec. 753.32. (A) AS USED IN THIS SECTION: 63
(1) "MUNICIPAL CORRECTIONAL OFFICER" HAS THE SAME MEANING 65
AS IN SECTION 753.31 OF THE REVISED CODE. 66
(2) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" 68
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 69
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 71
OF THE REVISED CODE.
(B) NO MUNICIPAL CORRECTIONAL OFFICER SHALL PROVIDE A 73
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 74
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, OR 75
COMPUTER SYSTEM.
Sec. 2921.44. (A) No law enforcement officer shall 84
negligently do any of the following: 85
(1) Fail to serve a lawful warrant without delay; 87
(2) Fail to prevent or halt the commission of an offense 89
or to apprehend an offender, when it is in his THE LAW 90
ENFORCEMENT OFFICER'S power to do so alone or with available 92
assistance.
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(B) No law enforcement, ministerial, or judicial officer 94
shall negligently fail to perform a lawful duty in a criminal 95
case or proceeding. 96
(C) No officer, having charge of a detention facility, 98
shall negligently do any of the following: 99
(1) Allow the detention facility to become littered or 101
unsanitary; 102
(2) Fail to provide persons confined in the detention 104
facility with adequate food, clothing, bedding, shelter, and 105
medical attention; 106
(3) Fail to control an unruly prisoner, or to prevent 108
intimidation of or physical harm to a prisoner by another; 109
(4) Allow a prisoner to escape; 111
(5) Fail to observe any lawful and reasonable regulation 113
for the management of the detention facility. 114
(D) No public official of the state shall recklessly 116
create a deficiency, incur a liability, or expend a greater sum 117
than is appropriated by the general assembly for the use in any 118
one year of the department, agency, or institution of the state 119
with which the public official is connected. 120
(E) No public servant shall recklessly fail to perform a 122
duty expressly imposed by law with respect to his THE PUBLIC 123
SERVANT'S office, or recklessly do any act expressly forbidden by 125
law with respect to his THE PUBLIC SERVANT'S office. 126
(F) Whoever violates this section is guilty of dereliction 128
of duty, a misdemeanor of the second degree. 129
(G) AS USED IN THIS SECTION, "PUBLIC SERVANT" INCLUDES AN 131
OFFICER OR EMPLOYEE OF A CONTRACTOR AS DEFINED IN SECTION 9.08 OF 132
THE REVISED CODE.
Sec. 5145.31. (A) AS USED IN THIS SECTION: 134
(1) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" 136
HAVE THE SAME MEANINGS AS IN SECTION 2913.01 OF THE REVISED CODE. 137
(2) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 139
OF THE REVISED CODE.
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(B) NO OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION 141
UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 142
REHABILITATION AND CORRECTION SHALL PROVIDE A PRISONER ACCESS TO 143
OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE 144
USE OF A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM.
Section 2. That existing section 2921.44 of the Revised 146
Code is hereby repealed. 147