As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 12 5
1999-2000 6
SENATORS MUMPER-ARMBRUSTER-CARNES-WACHTMANN-JOHNSON-LATTA- 8
GARDNER-DRAKE-WATTS-NEIN-OELSLAGER-SPADA-PRENTISS-DiDONATO 9
_________________________________________________________________ 11
A B I L L
To amend section 2921.44 and to enact sections 9.08, 13
341.42, 753.32, 5120.62, and 5145.31 of the 14
Revised Code to prohibit prisoners in state,
county, and municipal and privately operated 15
correctional facilities from having access to the 16
Internet.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 2921.44 be amended and sections 20
9.08, 341.42, 753.32, 5120.62, and 5145.31 of the Revised Code be 21
enacted to read as follows:
Sec. 9.08. (A) AS USED IN THIS SECTION: 23
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 25
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 26
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 27
2913.01 OF THE REVISED CODE.
(2) "CONTRACTOR" MEANS EITHER OF THE FOLLOWING: 29
(a) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.06 31
OF THE REVISED CODE.
(b) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.07 33
OF THE REVISED CODE TO OPERATE AND MANAGE A CORRECTIONAL FACILITY 34
IN THIS STATE FOR OUT-OF-STATE PRISONERS. 35
(3) "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL 37
FACILITY THAT IS OPERATED BY A CONTRACTOR UNDER A CONTRACT 38
PURSUANT TO SECTION 9.06 OR 9.07 OF THE REVISED CODE. 39
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 41
2
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CONTRACTOR WHO IS 43
OPERATING AND MANAGING A PRIVATE CORRECTIONAL FACILITY SHALL 44
PROVIDE A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY ACCESS TO 45
OR PERMIT A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY TO HAVE 46
ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 47
NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS 48
SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING 49
APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 51
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 52
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 53
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 55
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 56
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 57
REVISED CODE.
(C)(1) NO PRISONER IN A PRIVATE CORRECTIONAL FACILITY 59
SHALL ACCESS THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 60
NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS 61
SERVICE, OR INFORMATION SERVICE. 62
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 64
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 65
DEGREE.
Sec. 341.42. (A) AS USED IN THIS SECTION: 67
(1) "COUNTY CORRECTIONAL OFFICER" HAS THE SAME MEANING AS 69
IN SECTION 341.41 OF THE REVISED CODE. 70
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 72
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 73
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 75
2913.01 OF THE REVISED CODE.
(3) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 77
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 78
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 79
WIDE WEB.
3
(4) "COUNTY CORRECTIONAL FACILITY" MEANS A COUNTY JAIL, 81
COUNTY WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND COUNTY 82
WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 83
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL 84
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 85
(B) NO COUNTY CORRECTIONAL OFFICER SHALL PROVIDE A 87
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 88
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 89
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 90
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 91
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 93
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 94
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 95
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 97
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 98
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 99
REVISED CODE.
(C)(1) NO PRISONER IN A COUNTY CORRECTIONAL FACILITY UNDER 101
THE CONTROL OF A COUNTY SHALL ACCESS THE INTERNET THROUGH THE USE 102
OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 104
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE. 105
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 107
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 108
DEGREE.
Sec. 753.32. (A) AS USED IN THIS SECTION: 110
(1) "MUNICIPAL CORRECTIONAL OFFICER" HAS THE SAME MEANING 112
AS IN SECTION 753.31 OF THE REVISED CODE. 113
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 115
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 116
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 117
2913.01 OF THE REVISED CODE.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 119
OF THE REVISED CODE.
(4) "MUNICIPAL CORRECTIONAL FACILITY" MEANS A MUNICIPAL 121
4
JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND 122
COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 124
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 126
(B) NO MUNICIPAL CORRECTIONAL OFFICER SHALL PROVIDE A 128
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 129
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 130
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 131
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 132
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 134
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 135
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 136
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 138
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 139
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 140
REVISED CODE.
(C)(1) NO PRISONER IN A MUNICIPAL CORRECTIONAL FACILITY 142
UNDER THE CONTROL OF A MUNICIPAL CORPORATION SHALL ACCESS THE 143
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 145
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 146
OR INFORMATION SERVICE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 148
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 149
DEGREE.
Sec. 2921.44. (A) No law enforcement officer shall 158
negligently do any of the following: 159
(1) Fail to serve a lawful warrant without delay; 161
(2) Fail to prevent or halt the commission of an offense 163
or to apprehend an offender, when it is in his THE LAW 164
ENFORCEMENT OFFICER'S power to do so alone or with available 166
assistance.
(B) No law enforcement, ministerial, or judicial officer 168
shall negligently fail to perform a lawful duty in a criminal 169
case or proceeding. 170
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(C) No officer, having charge of a detention facility, 172
shall negligently do any of the following: 173
(1) Allow the detention facility to become littered or 175
unsanitary; 176
(2) Fail to provide persons confined in the detention 178
facility with adequate food, clothing, bedding, shelter, and 179
medical attention; 180
(3) Fail to control an unruly prisoner, or to prevent 182
intimidation of or physical harm to a prisoner by another; 183
(4) Allow a prisoner to escape; 185
(5) Fail to observe any lawful and reasonable regulation 187
for the management of the detention facility. 188
(D) No public official of the state shall recklessly 190
create a deficiency, incur a liability, or expend a greater sum 191
than is appropriated by the general assembly for the use in any 192
one year of the department, agency, or institution of the state 193
with which the public official is connected. 194
(E) No public servant shall recklessly fail to perform a 196
duty expressly imposed by law with respect to his THE PUBLIC 197
SERVANT'S office, or recklessly do any act expressly forbidden by 199
law with respect to his THE PUBLIC SERVANT'S office. 200
(F) Whoever violates this section is guilty of dereliction 202
of duty, a misdemeanor of the second degree. 203
(G) AS USED IN THIS SECTION, "PUBLIC SERVANT" INCLUDES AN 205
OFFICER OR EMPLOYEE OF A CONTRACTOR AS DEFINED IN SECTION 9.08 OF 206
THE REVISED CODE.
Sec. 5120.62. (A) THE DIRECTOR OF REHABILITATION AND 208
CORRECTION SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED 210
CODE THAT GOVERN THE ESTABLISHMENT AND OPERATION OF A SYSTEM THAT 211
PROVIDES ACCESS TO THE INTERNET FOR PRISONERS WHO ARE 213
PARTICIPATING IN AN APPROVED EDUCATIONAL PROGRAM WITH DIRECT 214
SUPERVISION THAT REQUIRES THE USE OF THE INTERNET FOR TRAINING OR 215
RESEARCH PURPOSES. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 216
(1) CRITERIA BY WHICH INMATES MAY BE SCREENED AND APPROVED 218
6
FOR ACCESS OR TRAINING INVOLVING THE INTERNET; 219
(2) DESIGNATION OF THE AUTHORITY TO APPROVE INTERNET SITES 221
FOR AUTHORIZED USE; 222
(3) A REQUIREMENT THAT ONLY PRE-APPROVED SITES WILL BE 224
ACCESSIBLE ON THE COMPUTERS USED BY PRISONERS IN THE EDUCATIONAL 225
PROGRAM;
(4) A PROCESS FOR THE PERIODIC REVIEW OF THE OPERATION OF 227
THE SYSTEM, INCLUDING USERS OF THE SYSTEM AND THE SITES ACCESSED 228
BY THE SYSTEM; 229
(5) SANCTIONS THAT MUST BE IMPOSED AGAINST PRISONERS AND 231
STAFF MEMBERS WHO VIOLATE DEPARTMENT RULES GOVERNING PRISONER 232
ACCESS TO THE INTERNET. 233
Sec. 5145.31. (A) AS USED IN THIS SECTION: 235
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 237
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 238
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 239
2913.01 OF THE REVISED CODE.
(2) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 241
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION 243
UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 244
REHABILITATION AND CORRECTION SHALL PROVIDE A PRISONER ACCESS TO 245
OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE 246
USE OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 247
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE
UNLESS BOTH OF THE FOLLOWING APPLY: 248
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 250
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 251
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 252
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 254
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 255
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 256
REVISED CODE.
(C)(1) NO PRISONER IN A CORRECTIONAL INSTITUTION UNDER THE 258
7
CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION AND 259
CORRECTION SHALL ACCESS THE INTERNET THROUGH THE USE OF A 261
COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, 262
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE. 263
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 265
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 266
DEGREE.
Section 2. That existing section 2921.44 of the Revised 268
Code is hereby repealed. 269