As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 12 5
1999-2000 6
SENATORS MUMPER-ARMBRUSTER-CARNES-WACHTMANN-JOHNSON-LATTA 8
_________________________________________________________________ 10
A B I L L
To amend section 2921.44 and to enact sections 9.08, 12
341.42, 753.32, 5120.62, and 5145.31 of the 13
Revised Code to prohibit prisoners in state,
county, and municipal and privately operated 14
correctional facilities from having access to the 15
Internet.
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, 5120.62, and 5145.31 of the Revised Code be 20
enacted to read as follows:
Sec. 9.08. (A) AS USED IN THIS SECTION: 22
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 24
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 25
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 26
2913.01 OF THE REVISED CODE.
(2) "CONTRACTOR" MEANS EITHER OF THE FOLLOWING: 28
(a) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.06 30
OF THE REVISED CODE.
(b) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.07 32
OF THE REVISED CODE TO OPERATE AND MANAGE A CORRECTIONAL FACILITY 33
IN THIS STATE FOR OUT-OF-STATE PRISONERS. 34
(3) "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL 36
FACILITY THAT IS OPERATED BY A CONTRACTOR UNDER A CONTRACT 37
PURSUANT TO SECTION 9.06 OR 9.07 OF THE REVISED CODE. 38
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 40
OF THE REVISED CODE.
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(B) NO OFFICER OR EMPLOYEE OF A CONTRACTOR WHO IS 42
OPERATING AND MANAGING A PRIVATE CORRECTIONAL FACILITY SHALL 43
PROVIDE A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY ACCESS TO 44
OR PERMIT A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY TO HAVE 45
ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 46
NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS 47
SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING 48
APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 50
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 51
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 52
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 54
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 55
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 56
REVISED CODE.
(C)(1) NO PRISONER IN A PRIVATE CORRECTIONAL FACILITY 58
SHALL ACCESS THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 59
NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS 60
SERVICE, OR INFORMATION SERVICE. 61
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 63
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 64
DEGREE.
Sec. 341.42. (A) AS USED IN THIS SECTION: 66
(1) "COUNTY CORRECTIONAL OFFICER" HAS THE SAME MEANING AS 68
IN SECTION 341.41 OF THE REVISED CODE. 69
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 71
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 72
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 74
2913.01 OF THE REVISED CODE.
(3) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 76
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 77
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 78
WIDE WEB.
(4) "COUNTY CORRECTIONAL FACILITY" MEANS A COUNTY JAIL, 80
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COUNTY WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND COUNTY 81
WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 82
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL 83
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 84
(B) NO COUNTY CORRECTIONAL OFFICER SHALL PROVIDE A 86
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 87
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 88
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 89
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 90
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 92
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 93
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 94
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 96
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 97
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 98
REVISED CODE.
(C)(1) NO PRISONER IN A COUNTY CORRECTIONAL FACILITY UNDER 100
THE CONTROL OF A COUNTY SHALL ACCESS THE INTERNET THROUGH THE USE 101
OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 103
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE. 104
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 106
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 107
DEGREE.
Sec. 753.32. (A) AS USED IN THIS SECTION: 109
(1) "MUNICIPAL CORRECTIONAL OFFICER" HAS THE SAME MEANING 111
AS IN SECTION 753.31 OF THE REVISED CODE. 112
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 114
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 115
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 116
2913.01 OF THE REVISED CODE.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 118
OF THE REVISED CODE.
(4) "MUNICIPAL CORRECTIONAL FACILITY" MEANS A MUNICIPAL 120
JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND 121
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COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 123
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 125
(B) NO MUNICIPAL CORRECTIONAL OFFICER SHALL PROVIDE A 127
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 128
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 129
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 130
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 131
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 133
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 134
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 135
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 137
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 138
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 139
REVISED CODE.
(C)(1) NO PRISONER IN A MUNICIPAL CORRECTIONAL FACILITY 141
UNDER THE CONTROL OF A MUNICIPAL CORPORATION SHALL ACCESS THE 142
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 144
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 145
OR INFORMATION SERVICE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 147
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 148
DEGREE.
Sec. 2921.44. (A) No law enforcement officer shall 157
negligently do any of the following: 158
(1) Fail to serve a lawful warrant without delay; 160
(2) Fail to prevent or halt the commission of an offense 162
or to apprehend an offender, when it is in his THE LAW 163
ENFORCEMENT OFFICER'S power to do so alone or with available 165
assistance.
(B) No law enforcement, ministerial, or judicial officer 167
shall negligently fail to perform a lawful duty in a criminal 168
case or proceeding. 169
(C) No officer, having charge of a detention facility, 171
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shall negligently do any of the following: 172
(1) Allow the detention facility to become littered or 174
unsanitary; 175
(2) Fail to provide persons confined in the detention 177
facility with adequate food, clothing, bedding, shelter, and 178
medical attention; 179
(3) Fail to control an unruly prisoner, or to prevent 181
intimidation of or physical harm to a prisoner by another; 182
(4) Allow a prisoner to escape; 184
(5) Fail to observe any lawful and reasonable regulation 186
for the management of the detention facility. 187
(D) No public official of the state shall recklessly 189
create a deficiency, incur a liability, or expend a greater sum 190
than is appropriated by the general assembly for the use in any 191
one year of the department, agency, or institution of the state 192
with which the public official is connected. 193
(E) No public servant shall recklessly fail to perform a 195
duty expressly imposed by law with respect to his THE PUBLIC 196
SERVANT'S office, or recklessly do any act expressly forbidden by 198
law with respect to his THE PUBLIC SERVANT'S office. 199
(F) Whoever violates this section is guilty of dereliction 201
of duty, a misdemeanor of the second degree. 202
(G) AS USED IN THIS SECTION, "PUBLIC SERVANT" INCLUDES AN 204
OFFICER OR EMPLOYEE OF A CONTRACTOR AS DEFINED IN SECTION 9.08 OF 205
THE REVISED CODE.
Sec. 5120.62. (A) THE DIRECTOR OF REHABILITATION AND 207
CORRECTION SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED 209
CODE THAT GOVERN THE ESTABLISHMENT AND OPERATION OF A SYSTEM THAT 210
PROVIDES ACCESS TO THE INTERNET FOR PRISONERS WHO ARE 212
PARTICIPATING IN AN APPROVED EDUCATIONAL PROGRAM WITH DIRECT 213
SUPERVISION THAT REQUIRES THE USE OF THE INTERNET FOR TRAINING OR 214
RESEARCH PURPOSES. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 215
(1) CRITERIA BY WHICH INMATES MAY BE SCREENED AND APPROVED 217
FOR ACCESS OR TRAINING INVOLVING THE INTERNET; 218
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(2) DESIGNATION OF THE AUTHORITY TO APPROVE INTERNET SITES 220
FOR AUTHORIZED USE; 221
(3) A REQUIREMENT THAT ONLY PRE-APPROVED SITES WILL BE 223
ACCESSIBLE ON THE COMPUTERS USED BY PRISONERS IN THE EDUCATIONAL 224
PROGRAM;
(4) A PROCESS FOR THE PERIODIC REVIEW OF THE OPERATION OF 226
THE SYSTEM, INCLUDING USERS OF THE SYSTEM AND THE SITES ACCESSED 227
BY THE SYSTEM; 228
(5) SANCTIONS THAT MUST BE IMPOSED AGAINST PRISONERS AND 230
STAFF MEMBERS WHO VIOLATE DEPARTMENT RULES GOVERNING PRISONER 231
ACCESS TO THE INTERNET. 232
Sec. 5145.31. (A) AS USED IN THIS SECTION: 234
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 236
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 237
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 238
2913.01 OF THE REVISED CODE.
(2) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 240
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION 242
UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 243
REHABILITATION AND CORRECTION SHALL PROVIDE A PRISONER ACCESS TO 244
OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE 245
USE OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 246
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE
UNLESS BOTH OF THE FOLLOWING APPLY: 247
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 249
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 250
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 251
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 253
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 254
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 255
REVISED CODE.
(C)(1) NO PRISONER IN A CORRECTIONAL INSTITUTION UNDER THE 257
CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION AND 258
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CORRECTION SHALL ACCESS THE INTERNET THROUGH THE USE OF A 260
COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, 261
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE. 262
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 264
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 265
DEGREE.
Section 2. That existing section 2921.44 of the Revised 267
Code is hereby repealed. 268