As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Am. 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
REPRESENTATIVES CALLENDER-WILLAMOWSKI-A. CORE 10
_________________________________________________________________ 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 except in specified circumstances.
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
2
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 41
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 UNLESS BOTH OF THE FOLLOWING 62
APPLY:
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 64
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 65
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 67
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 69
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 70
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 72
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 74
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 75
DEGREE.
Sec. 341.42. (A) AS USED IN THIS SECTION: 77
(1) "COUNTY CORRECTIONAL OFFICER" HAS THE SAME MEANING AS 79
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IN SECTION 341.41 OF THE REVISED CODE. 80
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 82
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 83
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 85
2913.01 OF THE REVISED CODE.
(3) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 87
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 88
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 89
WIDE WEB.
(4) "COUNTY CORRECTIONAL FACILITY" MEANS A COUNTY JAIL, 91
COUNTY WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND COUNTY 92
WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 93
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL 94
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 95
(B) NO COUNTY CORRECTIONAL OFFICER SHALL PROVIDE A 97
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 98
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 99
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 100
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 101
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 103
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 104
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 105
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 107
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 108
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 109
REVISED CODE.
(C)(1) NO PRISONER IN A COUNTY CORRECTIONAL FACILITY UNDER 111
THE CONTROL OF A COUNTY SHALL ACCESS THE INTERNET THROUGH THE USE 112
OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 114
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE 115
UNLESS BOTH OF THE FOLLOWING APPLY:
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 117
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 118
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 120
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(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 122
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 123
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 125
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 127
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 128
DEGREE.
Sec. 753.32. (A) AS USED IN THIS SECTION: 130
(1) "MUNICIPAL CORRECTIONAL OFFICER" HAS THE SAME MEANING 132
AS IN SECTION 753.31 OF THE REVISED CODE. 133
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 135
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 136
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 137
2913.01 OF THE REVISED CODE.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 139
OF THE REVISED CODE.
(4) "MUNICIPAL CORRECTIONAL FACILITY" MEANS A MUNICIPAL 141
JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND 142
COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 144
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 146
(B) NO MUNICIPAL CORRECTIONAL OFFICER SHALL PROVIDE A 148
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 149
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 150
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 151
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 152
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 154
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 155
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 156
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 158
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 159
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 160
REVISED CODE.
(C)(1) NO PRISONER IN A MUNICIPAL CORRECTIONAL FACILITY 162
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UNDER THE CONTROL OF A MUNICIPAL CORPORATION SHALL ACCESS THE 163
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 165
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 166
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 167
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 169
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 170
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 172
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 174
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 175
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 177
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 179
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 180
DEGREE.
Sec. 2921.44. (A) No law enforcement officer shall 189
negligently do any of the following: 190
(1) Fail to serve a lawful warrant without delay; 192
(2) Fail to prevent or halt the commission of an offense 194
or to apprehend an offender, when it is in his THE LAW 195
ENFORCEMENT OFFICER'S power to do so alone or with available 197
assistance.
(B) No law enforcement, ministerial, or judicial officer 199
shall negligently fail to perform a lawful duty in a criminal 200
case or proceeding. 201
(C) No officer, having charge of a detention facility, 203
shall negligently do any of the following: 204
(1) Allow the detention facility to become littered or 206
unsanitary; 207
(2) Fail to provide persons confined in the detention 209
facility with adequate food, clothing, bedding, shelter, and 210
medical attention; 211
(3) Fail to control an unruly prisoner, or to prevent 213
intimidation of or physical harm to a prisoner by another; 214
(4) Allow a prisoner to escape; 216
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(5) Fail to observe any lawful and reasonable regulation 218
for the management of the detention facility. 219
(D) No public official of the state shall recklessly 221
create a deficiency, incur a liability, or expend a greater sum 222
than is appropriated by the general assembly for the use in any 223
one year of the department, agency, or institution of the state 224
with which the public official is connected. 225
(E) No public servant shall recklessly fail to perform a 227
duty expressly imposed by law with respect to his THE PUBLIC 228
SERVANT'S office, or recklessly do any act expressly forbidden by 230
law with respect to his THE PUBLIC SERVANT'S office. 231
(F) Whoever violates this section is guilty of dereliction 233
of duty, a misdemeanor of the second degree. 234
(G) AS USED IN THIS SECTION, "PUBLIC SERVANT" INCLUDES AN 236
OFFICER OR EMPLOYEE OF A CONTRACTOR AS DEFINED IN SECTION 9.08 OF 237
THE REVISED CODE.
Sec. 5120.62. THE DIRECTOR OF REHABILITATION AND 239
CORRECTION SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED 241
CODE THAT GOVERN THE ESTABLISHMENT AND OPERATION OF A SYSTEM THAT 242
PROVIDES ACCESS TO THE INTERNET FOR PRISONERS WHO ARE 244
PARTICIPATING IN AN APPROVED EDUCATIONAL PROGRAM WITH DIRECT 245
SUPERVISION THAT REQUIRES THE USE OF THE INTERNET FOR TRAINING OR 246
RESEARCH PURPOSES. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 247
(A) CRITERIA BY WHICH INMATES MAY BE SCREENED AND APPROVED 249
FOR ACCESS OR TRAINING INVOLVING THE INTERNET; 250
(B) DESIGNATION OF THE AUTHORITY TO APPROVE INTERNET SITES 252
FOR AUTHORIZED USE; 253
(C) A REQUIREMENT THAT ONLY PRE-APPROVED SITES WILL BE 255
ACCESSIBLE ON THE COMPUTERS USED BY PRISONERS IN THE EDUCATIONAL 256
PROGRAM;
(D) A PROCESS FOR THE PERIODIC REVIEW OF THE OPERATION OF 258
THE SYSTEM, INCLUDING USERS OF THE SYSTEM AND THE SITES ACCESSED 259
BY THE SYSTEM; 260
(E) SANCTIONS THAT MUST BE IMPOSED AGAINST PRISONERS AND 262
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STAFF MEMBERS WHO VIOLATE DEPARTMENT RULES GOVERNING PRISONER 263
ACCESS TO THE INTERNET. 264
Sec. 5145.31. (A) AS USED IN THIS SECTION: 266
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 268
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 269
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 270
2913.01 OF THE REVISED CODE.
(2) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 272
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION 274
UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 275
REHABILITATION AND CORRECTION SHALL PROVIDE A PRISONER ACCESS TO 276
OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE 277
USE OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 278
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE
UNLESS BOTH OF THE FOLLOWING APPLY: 279
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 281
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 282
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 283
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 285
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 286
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 287
REVISED CODE.
(C)(1) NO PRISONER IN A CORRECTIONAL INSTITUTION UNDER THE 289
CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION AND 290
CORRECTION SHALL ACCESS THE INTERNET THROUGH THE USE OF A 292
COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, 293
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF 294
THE FOLLOWING APPLY:
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 296
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 297
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 299
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 301
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 302
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REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 304
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 306
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 307
DEGREE.
Section 2. That existing section 2921.44 of the Revised 309
Code is hereby repealed. 310