As Passed by the House 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-TIBERI-CATES- 10
TERWILLEGER-WILLIAMS-AMSTUTZ-HARRIS-METZGER-GRENDELL-ROBINSON- 11
ROMAN-DISTEL-VERICH-O'BRIEN-HOUSEHOLDER-FERDERBER-YOUNG-MOTTLEY- 12
COUGHLIN-GARDNER-PETERSON-SALERNO 13
_________________________________________________________________ 14
A B I L L
To amend section 2921.44 and to enact sections 9.08, 16
341.42, 753.32, 5120.62, and 5145.31 of the 17
Revised Code to prohibit prisoners in state,
county, and municipal and privately operated 18
correctional facilities from having access to the 19
Internet except in specified circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That section 2921.44 be amended and sections 23
9.08, 341.42, 753.32, 5120.62, and 5145.31 of the Revised Code be 24
enacted to read as follows:
Sec. 9.08. (A) AS USED IN THIS SECTION: 26
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 28
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 29
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 30
2913.01 OF THE REVISED CODE.
(2) "CONTRACTOR" MEANS EITHER OF THE FOLLOWING: 32
(a) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.06 34
OF THE REVISED CODE.
(b) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.07 36
OF THE REVISED CODE TO OPERATE AND MANAGE A CORRECTIONAL FACILITY 37
IN THIS STATE FOR OUT-OF-STATE PRISONERS. 38
2
(3) "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL 40
FACILITY THAT IS OPERATED BY A CONTRACTOR UNDER A CONTRACT 41
PURSUANT TO SECTION 9.06 OR 9.07 OF THE REVISED CODE. 42
(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 44
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CONTRACTOR WHO IS 46
OPERATING AND MANAGING A PRIVATE CORRECTIONAL FACILITY SHALL 47
PROVIDE A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY ACCESS TO 48
OR PERMIT A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY TO HAVE 49
ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 50
NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS 51
SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING 52
APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 54
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 55
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 56
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 58
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 59
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 60
REVISED CODE.
(C)(1) NO PRISONER IN A PRIVATE CORRECTIONAL FACILITY 62
SHALL ACCESS THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER 63
NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS 64
SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING 65
APPLY:
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 67
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 68
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 70
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 72
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 73
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 75
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 77
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 78
3
DEGREE.
Sec. 341.42. (A) AS USED IN THIS SECTION: 80
(1) "COUNTY CORRECTIONAL OFFICER" HAS THE SAME MEANING AS 82
IN SECTION 341.41 OF THE REVISED CODE. 83
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 85
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 86
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 88
2913.01 OF THE REVISED CODE.
(3) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF 90
BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA 91
NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD 92
WIDE WEB.
(4) "COUNTY CORRECTIONAL FACILITY" MEANS A COUNTY JAIL, 94
COUNTY WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND COUNTY 95
WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 96
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL 97
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 98
(B) NO COUNTY CORRECTIONAL OFFICER SHALL PROVIDE A 100
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 101
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 102
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 103
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 104
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 106
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 107
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 108
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 110
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 111
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 112
REVISED CODE.
(C)(1) NO PRISONER IN A COUNTY CORRECTIONAL FACILITY UNDER 114
THE CONTROL OF A COUNTY SHALL ACCESS THE INTERNET THROUGH THE USE 115
OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 117
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE 118
UNLESS BOTH OF THE FOLLOWING APPLY:
4
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 120
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 121
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 123
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 125
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 126
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 128
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 130
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 131
DEGREE.
Sec. 753.32. (A) AS USED IN THIS SECTION: 133
(1) "MUNICIPAL CORRECTIONAL OFFICER" HAS THE SAME MEANING 135
AS IN SECTION 753.31 OF THE REVISED CODE. 136
(2) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 138
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 139
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 140
2913.01 OF THE REVISED CODE.
(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 142
OF THE REVISED CODE.
(4) "MUNICIPAL CORRECTIONAL FACILITY" MEANS A MUNICIPAL 144
JAIL, MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND 145
COUNTY WORKHOUSE, MUNICIPAL-COUNTY CORRECTIONAL CENTER, 147
MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL
OR WORKHOUSE, OR MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE. 149
(B) NO MUNICIPAL CORRECTIONAL OFFICER SHALL PROVIDE A 151
PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE 152
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 153
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 154
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 155
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 157
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 158
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 159
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 161
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 162
5
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 163
REVISED CODE.
(C)(1) NO PRISONER IN A MUNICIPAL CORRECTIONAL FACILITY 165
UNDER THE CONTROL OF A MUNICIPAL CORPORATION SHALL ACCESS THE 166
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, 168
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, 169
OR INFORMATION SERVICE UNLESS BOTH OF THE FOLLOWING APPLY: 170
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 172
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 173
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 175
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 177
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 178
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 180
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 182
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 183
DEGREE.
Sec. 2921.44. (A) No law enforcement officer shall 192
negligently do any of the following: 193
(1) Fail to serve a lawful warrant without delay; 195
(2) Fail to prevent or halt the commission of an offense 197
or to apprehend an offender, when it is in his THE LAW 198
ENFORCEMENT OFFICER'S power to do so alone or with available 200
assistance.
(B) No law enforcement, ministerial, or judicial officer 202
shall negligently fail to perform a lawful duty in a criminal 203
case or proceeding. 204
(C) No officer, having charge of a detention facility, 206
shall negligently do any of the following: 207
(1) Allow the detention facility to become littered or 209
unsanitary; 210
(2) Fail to provide persons confined in the detention 212
facility with adequate food, clothing, bedding, shelter, and 213
medical attention; 214
6
(3) Fail to control an unruly prisoner, or to prevent 216
intimidation of or physical harm to a prisoner by another; 217
(4) Allow a prisoner to escape; 219
(5) Fail to observe any lawful and reasonable regulation 221
for the management of the detention facility. 222
(D) No public official of the state shall recklessly 224
create a deficiency, incur a liability, or expend a greater sum 225
than is appropriated by the general assembly for the use in any 226
one year of the department, agency, or institution of the state 227
with which the public official is connected. 228
(E) No public servant shall recklessly fail to perform a 230
duty expressly imposed by law with respect to his THE PUBLIC 231
SERVANT'S office, or recklessly do any act expressly forbidden by 233
law with respect to his THE PUBLIC SERVANT'S office. 234
(F) Whoever violates this section is guilty of dereliction 236
of duty, a misdemeanor of the second degree. 237
(G) AS USED IN THIS SECTION, "PUBLIC SERVANT" INCLUDES AN 239
OFFICER OR EMPLOYEE OF A CONTRACTOR AS DEFINED IN SECTION 9.08 OF 240
THE REVISED CODE.
Sec. 5120.62. THE DIRECTOR OF REHABILITATION AND 242
CORRECTION SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED 244
CODE THAT GOVERN THE ESTABLISHMENT AND OPERATION OF A SYSTEM THAT 245
PROVIDES ACCESS TO THE INTERNET FOR PRISONERS WHO ARE 247
PARTICIPATING IN AN APPROVED EDUCATIONAL PROGRAM WITH DIRECT 248
SUPERVISION THAT REQUIRES THE USE OF THE INTERNET FOR TRAINING OR 249
RESEARCH PURPOSES. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 250
(A) CRITERIA BY WHICH INMATES MAY BE SCREENED AND APPROVED 252
FOR ACCESS OR TRAINING INVOLVING THE INTERNET; 253
(B) DESIGNATION OF THE AUTHORITY TO APPROVE INTERNET SITES 255
FOR AUTHORIZED USE; 256
(C) A REQUIREMENT THAT ONLY PRE-APPROVED SITES WILL BE 258
ACCESSIBLE ON THE COMPUTERS USED BY PRISONERS IN THE EDUCATIONAL 259
PROGRAM;
(D) A PROCESS FOR THE PERIODIC REVIEW OF THE OPERATION OF 261
7
THE SYSTEM, INCLUDING USERS OF THE SYSTEM AND THE SITES ACCESSED 262
BY THE SYSTEM; 263
(E) SANCTIONS THAT MUST BE IMPOSED AGAINST PRISONERS AND 265
STAFF MEMBERS WHO VIOLATE DEPARTMENT RULES GOVERNING PRISONER 266
ACCESS TO THE INTERNET. 267
Sec. 5145.31. (A) AS USED IN THIS SECTION: 269
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," 271
"COMPUTER SERVICES," "TELECOMMUNICATIONS SERVICE," AND 272
"INFORMATION SERVICE" HAVE THE SAME MEANINGS AS IN SECTION 273
2913.01 OF THE REVISED CODE.
(2) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 275
OF THE REVISED CODE.
(B) NO OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION 277
UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF 278
REHABILITATION AND CORRECTION SHALL PROVIDE A PRISONER ACCESS TO 279
OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE 280
USE OF A COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER 281
SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE
UNLESS BOTH OF THE FOLLOWING APPLY: 282
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED 284
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 285
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 286
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 288
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 289
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 290
REVISED CODE.
(C)(1) NO PRISONER IN A CORRECTIONAL INSTITUTION UNDER THE 292
CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION AND 293
CORRECTION SHALL ACCESS THE INTERNET THROUGH THE USE OF A 295
COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES, 296
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF 297
THE FOLLOWING APPLY:
(a) THE PRISONER IS PARTICIPATING IN AN APPROVED 299
EDUCATIONAL PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE 300
8
OF THE INTERNET FOR TRAINING OR RESEARCH PURPOSES. 302
(b) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN 304
ACCORDANCE WITH RULES PROMULGATED BY THE DEPARTMENT OF 305
REHABILITATION AND CORRECTION PURSUANT TO SECTION 5120.62 OF THE 307
REVISED CODE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS 309
GUILTY OF IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST 310
DEGREE.
Section 2. That existing section 2921.44 of the Revised 312
Code is hereby repealed. 313