| Section 1. That sections 307.93, 341.14, 341.19, 341.21, | 18 |
|
341.23, 341.26, 753.02, 753.04, 753.16, 2152.20, 2301.56, 2929.18, | 19 |
|
2929.19, 2929.21, 2947.14, 2947.19, 2949.111, 3924.53, and 5120.56 | 20 |
|
be amended and
sections 2929.35, 2929.36, 2929.37, 2929.38, | 21 |
|
5120.57, and 5120.58
of the Revised Code be enacted to
read as | 22 |
|
follows: | 23 |
| Sec. 307.93. (A) The boards of county commissioners of
two | 24 |
|
or more adjacent counties may contract for the joint
establishment | 25 |
|
of a multicounty correctional center, and the board
of county | 26 |
|
commissioners of a county or the boards of two or more
counties | 27 |
|
may contract with any municipal corporation or municipal | 28 |
|
corporations located in that county or those counties for the | 29 |
|
joint establishment of a municipal-county or
multicounty-municipal | 30 |
|
correctional center. The center shall
augment county and, where | 31 |
|
applicable, municipal jail programs and
facilities by providing | 32 |
|
custody and rehabilitative programs for
those persons under the | 33 |
|
charge of the sheriff of any of the
contracting counties or of the | 34 |
|
officer or officers of the
contracting municipal corporation or | 35 |
|
municipal corporations
having charge of persons incarcerated in | 36 |
|
the municipal jail,
workhouse, or other correctional facility who, | 37 |
|
in the opinion of
the sentencing court, need programs of custody | 38 |
|
and rehabilitation
not available at the county or municipal jail | 39 |
|
and by providing
custody and rehabilitative programs in accordance | 40 |
|
with division
(C) of this section, if applicable. The contract | 41 |
|
may include,
but need not be limited to, provisions regarding the | 42 |
|
acquisition,
construction, maintenance, repair, termination of | 43 |
|
operations, and
administration of the center. The contract shall | 44 |
|
prescribe the
manner of funding of, and debt assumption for, the | 45 |
|
center and the
standards and procedures to be followed in the | 46 |
|
operation of the
center. Except as provided in division
(H) of | 47 |
|
this section, the contracting counties and
municipal corporations | 48 |
|
shall form a corrections commission to oversee the administration | 49 |
|
of the center. Members of the commission shall consist of the | 50 |
|
sheriff of each participating county, the president of the board | 51 |
|
of county commissioners of each participating county, the | 52 |
|
presiding judge of the court of common pleas of each
participating | 53 |
|
county, or, if the court of common pleas of a
participating county | 54 |
|
has only one judge, then that judge, the
chief of police of each | 55 |
|
participating municipal corporation, the
mayor or city manager of | 56 |
|
each participating municipal
corporation, and the presiding judge | 57 |
|
or the sole judge of the
municipal court of each participating | 58 |
|
municipal corporation. Any
of the foregoing officers may appoint | 59 |
|
a designee to serve in the officer's
place on the corrections | 60 |
|
commission. The standards and
procedures shall be formulated and | 61 |
|
agreed to by the commission
and may be amended at any time during | 62 |
|
the life of the contract by
agreement of the parties to the | 63 |
|
contract upon the advice of the
commission. The standards and | 64 |
|
procedures formulated by the
commission shall include, but need | 65 |
|
not be limited to, designation
of the person in charge of the | 66 |
|
center, the categories of
employees to be employed at the center, | 67 |
|
the appointing authority
of the center, and the standards of | 68 |
|
treatment and security to be
maintained at the center. The person | 69 |
|
in charge of, and all
persons employed to work at, the center | 70 |
|
shall have all the powers
of police officers that are necessary | 71 |
|
for the proper
performance of the duties relating to their | 72 |
|
positions at the center. | 73 |
| (C) Prior to the acceptance for custody and rehabilitation | 81 |
|
into
a center established under this section of any persons who | 82 |
|
are designated by
the department of rehabilitation and correction, | 83 |
|
who plead guilty to or are
convicted of a felony of the fourth or | 84 |
|
fifth degree, and who satisfy the other
requirements listed in | 85 |
|
section 5120.161 of the Revised Code, the corrections
commission | 86 |
|
of a center established
under this section shall enter into an | 87 |
|
agreement with the
department of rehabilitation and correction | 88 |
|
under section
5120.161 of the Revised Code for the custody and | 89 |
|
rehabilitation
in the center of persons who are designated by the | 90 |
|
department,
who plead guilty to or are convicted of a felony of | 91 |
|
the fourth or fifth
degree, and who satisfy the other requirements | 92 |
|
listed in that section, in
exchange for a per diem fee per person. | 93 |
|
Persons incarcerated in
the center pursuant to an agreement | 94 |
|
entered into under this
division shall be subject to
supervision | 95 |
|
and control in the manner described in section
5120.161 of the | 96 |
|
Revised Code. This division does not affect the authority
of a | 97 |
|
court to directly sentence a person who is convicted of or pleads | 98 |
|
guilty
to a felony to the center in accordance with section | 99 |
|
2929.16 of the Revised
Code. | 100 |
(D)(1) EachPursuant to section 2929.37 of the Revised Code, | 101 |
|
each board of county commissioners and the legislative
authority | 102 |
|
of each municipal corporation that enters into a
contract under | 103 |
|
division (A) of this section may require a person
who was | 104 |
|
convicted of an offense,
who is under the charge of the sheriff of | 105 |
|
their county or of the
officer or officers of the contracting | 106 |
|
municipal corporation or
municipal corporations having charge of | 107 |
|
persons incarcerated in
the municipal jail, workhouse, or other | 108 |
|
correctional facility,
and who is confined in the multicounty, | 109 |
|
municipal-county,
or multicounty-municipal correctional center as | 110 |
|
provided in that division, to
reimburse
the applicable county or | 111 |
|
municipal corporation for its expenses
incurred by reason of the | 112 |
person's confinement in the center.
The expenses of
confinement | 113 |
include, but are not limited to, the
expenses relating to the | 114 |
provision of food, clothing,
shelter, medical care, personal | 115 |
hygiene products, including, but not
limited to, toothpaste, | 116 |
toothbrushes, and feminine hygiene items, and up to
two hours of | 117 |
overtime costs the sheriff or municipal corporation incurred | 118 |
relating to the trial of the
person. The amount of reimbursement | 119 |
may be the actual cost of the
person's
confinement plus the | 120 |
authorized trial overtime costs or a lesser amount
determined by | 121 |
the board of county commissioners
of the county or the legislative | 122 |
authority of the municipal corporation,
provided that the lesser | 123 |
amount shall be determined by a formula that is
uniformly applied | 124 |
to persons incarcerated in the center. The amount
of | 125 |
reimbursement shall be determined by a
court at a hearing held | 126 |
pursuant to section 2929.18 of the Revised Code if
the person is | 127 |
confined for a felony or section 2929.223 of the
Revised Code if | 128 |
the person is confined for a
misdemeanor. The
amount or amounts | 129 |
paid in
reimbursement by a person confined for a misdemeanor or | 130 |
the amount recovered from a person confined for a
misdemeanor by | 131 |
executing upon the judgment obtained pursuant to section
2929.223 | 132 |
of the Revised Code shall be paid into the treasury of the county | 133 |
or
municipal corporation that incurred the expenses. If a person | 134 |
is confined for a felony and the court
imposes a sanction under | 135 |
section 2929.18 of the Revised Code
that requires the person to | 136 |
reimburse the costs of
confinement, the
prosecuting attorney of | 137 |
the county or the director of law of the municipal
corporation | 138 |
shall bring an action to recover the expenses
of the confinement | 139 |
in accordance with section 2929.18 of the Revised Code. | 140 |
(2) Each board of county commissioners and the legislative | 141 |
authority of
each municipal corporation that enters into a | 142 |
contract under division
(A) of this section may adopt a resolution | 143 |
or
ordinance specifying that a person who was convicted of a | 144 |
felony, who is under
the charge of the sheriff of their county or | 145 |
of an officer of one of the
contracting municipal corporations | 146 |
having charge of
persons incarcerated in the municipal jail, | 147 |
workhouse, or other facility, and
who is confined in the | 148 |
multicounty, municipal-county, or
multicounty-municipal | 149 |
correctional center as provided in that division is not
required | 150 |
to reimburse the applicable county
or municipal corporation for | 151 |
its expenses incurred by reason of the person's
confinement in the | 152 |
center, including the expenses listed in division
(D)(1) of this | 153 |
section. If the boards and
legislative authorities adopt a | 154 |
resolution or ordinance
of that nature, the boards and legislative | 155 |
authorities shall provide a copy to
the courts of common pleas of | 156 |
their counties, and the court that sentences a
person convicted of | 157 |
a felony shall not impose a sanction under section 2929.18
of the | 158 |
Revised Code that requires the person to reimburse the costs of | 159 |
the
confinement. | 160 |
(E) In lieu of requiring offenders to reimburse the county | 161 |
for expenses
incurred by reason of the person's confinement under | 162 |
division (D) of this
section, each board of county commissioners | 163 |
and the legislative
authority of
each municipal corporation that | 164 |
enters into a
contract under division (A) of
this section may | 165 |
jointly adopt a
prisoner reimbursement policy for the center | 166 |
pursuant to this
section to be administered
by the person | 167 |
appointed under
division
(A) of this section
to be
in charge of | 168 |
the center. The person in
charge may appoint a
reimbursement | 169 |
coordinator to administer the center's
prisoner
reimbursement | 170 |
policy.
A prisoner reimbursement policy adopted
under
this | 171 |
division is a policy that requires a person confined to
the center | 172 |
to
reimburse the applicable political subdivisions for
any | 173 |
expenses incurred by
reason of the person's confinement in the | 174 |
center, which expenses may include,
but are not limited to, the | 175 |
following: | 176 |
The reimbursement coordinator or another person designated by | 200 |
the person in
charge of the center may collect, or the corrections | 201 |
commission may enter into
a contract with one or more public | 202 |
agencies or private vendors to collect, any
amounts remaining | 203 |
unpaid. Within twelve months after the date of the confined | 204 |
person's release, the prosecuting
attorney, city director of law, | 205 |
or village solicitor of a participating
political subdivision may | 206 |
file a civil action to seek reimbursement from that
person for any | 207 |
billing amount that remains unpaid. The participating
political | 208 |
subdivisions shall not enforce any judgment obtained under this | 209 |
section by means of execution against the person's homestead. For | 210 |
purposes of
this section, "homestead" has the same meaning as in | 211 |
division (A) of section
323.151 of the Revised Code. Any | 212 |
reimbursement received under this section
shall be credited to the | 213 |
general fund of the political subdivision that bore
the expense, | 214 |
to be used for general fund purposes. | 215 |
(F)(1)(E) Notwithstanding any contrary provision in this | 216 |
section or
section 2929.18
or 2929.223, 2929.21, 2929.36, or | 217 |
|
2929.37 of
the Revised Code, the corrections commission of
a | 218 |
|
center may
establish a policy
that complies with section 2929.38 | 219 |
|
of the Revised Code and that requires any person who is not | 220 |
|
indigent
and who is confined in the multicounty, municipal-county, | 221 |
or
multicounty-municipal correctional center to pay a
reasonable | 222 |
reception fee, a fee
for
any
medical treatment or service | 223 |
requested by and provided to
that
person, or
to
pay the fee for a | 224 |
|
random drug test assessed
under
division (E) of
section 341.26 of | 225 |
the Revised Code.
The
fee
for
the medical treatment or service | 226 |
shall not exceed the actual
cost
of the treatment or service | 227 |
provided. No
person confined to
a
multicounty, municipal-county, | 228 |
or multicounty-municipal
correctional center who is indigent shall | 229 |
be required to pay those
fees, and
no person who is confined to a | 230 |
correctional center of
that type shall be
denied any necessary | 231 |
medical care because of
inability to pay those fees. | 232 |
Upon provision of the requested medical treatment or service | 233 |
or assessment
of a fee for a random drug test, payment of
the | 234 |
required fee may be automatically deducted from a person's account | 235 |
record
in the center's business office. If the person has no | 236 |
funds in the person's
account, a deduction may be made at a later | 237 |
date during the person's
confinement in the center if funds later | 238 |
become available in the person's
account. If the person is | 239 |
released from the center and has an unpaid balance
of these fees, | 240 |
the corrections commission may bill the person for payment of
the | 241 |
remaining unpaid fees. Fees received for medical treatment or | 242 |
services
shall be paid into the commissary fund, if one has been | 243 |
created for the
center, or if no such fund exists, into the | 244 |
treasuries of the political
subdivisions that incurred the | 245 |
expenses of those treatments and services, in
the same proportion | 246 |
as those expenses were borne by those political
subdivisions. | 247 |
(I)(H) If a person who is convicted of or pleads guilty to | 289 |
|
an
offense is
sentenced to a term in a multicounty correctional | 290 |
|
center or a municipal-county
or multicounty-municipal correctional | 291 |
|
center or is incarcerated in the center
in the manner described in | 292 |
|
division (C) of this section, or if a
person who is arrested for | 293 |
|
an offense, and who has been denied bail or has had
bail set and | 294 |
|
has not been released on bail is confined in a multicounty | 295 |
|
correctional center or a municipal-county or multicounty-municipal | 296 |
|
correctional
center pending trial, at the time of reception and at | 297 |
|
other times the
officer, officers, or other person in charge of | 298 |
|
the operation of the center
determines to be appropriate, the | 299 |
|
officer, officers, or other person in charge
of the operation of | 300 |
|
the center may cause the convicted or accused offender to
be | 301 |
|
examined and tested for tuberculosis, HIV infection, hepatitis, | 302 |
|
including but not limited to hepatitis A, B, and C, and other | 303 |
|
contagious diseases. The officer, officers, or other person in | 304 |
|
charge of the
operation of the center may cause a convicted or | 305 |
|
accused offender in the
center who refuses to be tested or treated | 306 |
|
for tuberculosis, HIV
infection, hepatitis, including but not | 307 |
|
limited to hepatitis A, B, and C,
or another contagious disease to | 308 |
|
be tested and treated
involuntarily. | 309 |
(B)(1) ThePursuant to section 2929.37 of the Revised Code, | 323 |
|
the board of county commissioners of the county that
receives | 324 |
|
pursuant to section 341.12 of the Revised Code for
confinement in | 325 |
|
its jail, a prisoner who was convicted of an
offense, may require | 326 |
|
the prisoner
to reimburse the county for its expenses incurred by | 327 |
reason of
the prisoner's confinement, including, but not limited | 328 |
to,
the expenses relating to the provision of food, clothing, | 329 |
shelter,
medical care, person hygiene products, including, but not | 330 |
limited to,
toothpaste, toothbrushes, and feminine hygiene items, | 331 |
and up to two hours of
overtime costs the sheriff or municipal | 332 |
corporation incurred relating to the
trial of the person. The | 333 |
amount of reimbursement may be the actual cost of the prisoner's | 334 |
confinement
plus the authorized trial overtime costs or a lesser | 335 |
amount determined by the
board of county commissioners of the | 336 |
county, provided that the lesser amount shall be determined by a | 337 |
formula that
is uniformly applied to persons incarcerated in the | 338 |
jail. The
amount of reimbursement shall be determined by a court | 339 |
at a
hearing held pursuant to section 2929.18 of the Revised Code | 340 |
if the prisoner
is confined for a felony or section 2929.223 of | 341 |
the Revised Code if the
prisoner is confined for a misdemeanor. | 342 |
The amount or amounts paid in
reimbursement by a prisoner confined | 343 |
for a misdemeanor or the amount
recovered from a prisoner confined | 344 |
for a misdemeanor by executing upon the
judgment obtained pursuant | 345 |
to section
2929.223 of the Revised Code shall be paid into the | 346 |
county
treasury. If a prisoner is confined for a felony and the | 347 |
court
imposes a sanction under section 2929.18 of the Revised Code | 348 |
that requires the
prisoner to reimburse the costs of confinement, | 349 |
the prosecuting attorney shall
bring an action to recover the | 350 |
expenses of confinement
in accordance with section 2929.18 of the | 351 |
Revised Code. | 352 |
(2) The board of county commissioners of the county that | 353 |
receives, pursuant to section 341.12 of the Revised Code for | 354 |
confinement in
its jail a prisoner who was convicted of a felony | 355 |
may adopt a resolution
specifying that prisoners convicted of | 356 |
felonies are not required to reimburse
the county for its expenses | 357 |
incurred by reason of the prisoner's confinement,
including the | 358 |
expenses listed in division (B)(1) of this section. If the
board | 359 |
adopts a resolution of that nature, the board shall provide a copy | 360 |
to
the court of common pleas of the county, and the court that | 361 |
sentences a person
convicted of a felony shall not impose a | 362 |
sanction under section 2929.18 of the
Revised Code that requires | 363 |
the person to reimburse the costs of the
confinement. | 364 |
(C)
Divisions (A) and (B) of section 341.06
of the Revised | 365 |
Code apply regarding a prisoner confined in a jail as described
in | 366 |
division (B) of this section.Notwithstanding any contrary | 367 |
|
provision in this section
or section 2929.18, 2929.21, 2929.36, or | 368 |
|
2929.37 of the Revised
Code, the board of county commissioners may | 369 |
|
establish a policy that complies with section 2929.38 of the | 370 |
|
Revised Code and
that requires any prisoner who is not indigent | 371 |
|
and who is confined
in the county's jail under this section to pay | 372 |
|
a
reception fee, a fee
for medical treatment or service | 373 |
|
requested by and provided to
that
prisoner, or the fee for a | 374 |
|
random drug test assessed
under
division (E) of section 341.26 of | 375 |
|
the Revised Code. | 376 |
| (D)
If a county receives pursuant to section 341.12 of the | 377 |
|
Revised Code for confinement in its jail a person who has
been | 378 |
|
convicted of or pleaded guilty to an offense and has been | 379 |
|
sentenced to a
term in a jail or a person who has been arrested | 380 |
|
for an offense, who has been
denied bail or has had bail set and | 381 |
|
has not been released on bail, and who is
confined in jail pending | 382 |
|
trial, at the time of reception and at other times
the
sheriff or | 383 |
|
other person in charge of the operation of the jail determines to | 384 |
|
be appropriate, the sheriff or other person in charge of the | 385 |
|
operation of the
jail may cause the convicted or accused offender | 386 |
|
to be examined and tested for
tuberculosis, HIV infection, | 387 |
|
hepatitis, including but not limited
to hepatitis A, B, and C, and | 388 |
|
other contagious
diseases. The
sheriff or other person in charge | 389 |
|
of the operation of the jail may cause a
convicted or accused | 390 |
|
offender in the jail who refuses to be tested or treated
for | 391 |
|
tuberculosis, HIV infection, hepatitis, including but not
limited | 392 |
|
to hepatitis A, B, and C, or another
contagious disease to
be | 393 |
|
tested and treated involuntarily. | 394 |
Sec. 341.19. (A)(1) ThePursuant to section 2929.37 of the | 395 |
|
Revised Code, the board of county commissioners may require
a | 396 |
|
person who was convicted of an offense and who is confined in the | 397 |
|
county
jail to reimburse the county for its expenses incurred by | 398 |
reason of the
person's confinement, including, but not limited to, | 399 |
the expenses relating to
the provision of food, clothing, shelter, | 400 |
medical care, personal hygiene
products, including, but not | 401 |
limited to, toothpaste,
toothbrushes, and feminine hygiene items, | 402 |
and up to two hours of overtime
costs the sheriff or municipal | 403 |
corporation incurred relating to the trial of
the person. The | 404 |
amount of reimbursement may be the actual cost of the
prisoner's | 405 |
confinement plus the
authorized trial overtime costs or a lesser | 406 |
amount determined by the board of county commissioners of the | 407 |
county, provided
that the lesser amount shall be determined by a | 408 |
formula that is uniformly
applied to persons incarcerated in the | 409 |
jail. The amount of
reimbursement shall be determined by a court | 410 |
at a hearing held
pursuant to section 2929.18 of the Revised Code | 411 |
if the
person is confined for a felony or section 2929.223 of the | 412 |
Revised Code
if the person is confined for a misdemeanor. The | 413 |
amount or amounts paid in
reimbursement
by a person confined for a | 414 |
misdemeanor or the amount
recovered from a person confined for a | 415 |
misdemeanor by
executing upon the judgment obtained pursuant to | 416 |
section 2929.223 of the Revised Code shall be paid into the
county | 417 |
treasury. If a person is confined for a felony
and the court | 418 |
imposes a sanction under section 2929.18 of the Revised Code
that | 419 |
requires the person to reimburse the costs of
confinement, the | 420 |
prosecuting attorney shall bring an action to recover the
expenses | 421 |
of confinement in accordance with section 2929.18 of the Revised | 422 |
Code. | 423 |
(B)
Divisions (A) and (B) of section 341.06
of the Revised | 435 |
Code apply regarding a prisoner confined in a jail as described
in | 436 |
division (A) of this section.Notwithstanding any contrary | 437 |
|
provision in this section
or section 2929.18, 2929.21, 2929.36, or | 438 |
|
2929.37 of the Revised
Code, the board of county commissioners | 439 |
|
may
establish a policy that complies with section 2929.38 of the | 440 |
|
Revised Code and
that requires any prisoner who is not indigent | 441 |
|
and who is confined
in the county's jail under this section to pay | 442 |
|
a reception fee, a fee
for any
medical treatment or service | 443 |
|
requested by
and provided to
that
prisoner, or the fee for a | 444 |
|
random drug
test assessed
under
division (E) of section 341.26 of | 445 |
|
the Revised
Code. | 446 |
| (C) If a person who is convicted of or pleads guilty to an | 447 |
|
offense is sentenced to a term in a jail, or if a person who has | 448 |
|
been arrested
for an offense, and who has been denied bail or has | 449 |
|
had bail set and has not
been released on bail is confined in jail | 450 |
|
pending trial,
at the time of reception and at other times
the | 451 |
|
sheriff or other person in charge of the operation of the jail | 452 |
|
determines to
be appropriate, the sheriff or other person in | 453 |
|
charge of the operation of the
jail may cause the convicted or | 454 |
|
accused offender to be examined and tested for
tuberculosis, HIV | 455 |
|
infection, hepatitis, including but not limited
to hepatitis A, B, | 456 |
|
and C, and other contagious
diseases. The
sheriff or other person | 457 |
|
in charge of the operation of the jail may cause a
convicted or | 458 |
|
accused offender in the jail who refuses to be tested or treated | 459 |
|
for tuberculosis, HIV infection, hepatitis, including but not | 460 |
|
limited to hepatitis A, B, and C, or another
contagious disease to | 461 |
|
be tested and treated involuntarily. | 462 |
| (B) Prior to the acceptance for housing into the county jail | 483 |
|
of
persons who are designated by the department of rehabilitation | 484 |
|
and correction,
who plead guilty to or are convicted of a felony | 485 |
|
of the fourth or fifth
degree, and who satisfy the other | 486 |
|
requirements listed in section 5120.161
of the Revised Code, the | 487 |
|
board of county commissioners shall enter into
an agreement with | 488 |
|
the department of rehabilitation and correction
under section | 489 |
|
5120.161 of the Revised Code for the housing in the
county jail of | 490 |
|
persons designated by the department who plead
guilty to or are | 491 |
|
convicted of a felony of the fourth or fifth degree and who | 492 |
|
satisfy the other requirements listed in that section in
exchange | 493 |
|
for a per diem fee per person. Persons incarcerated in
the county | 494 |
|
jail pursuant to an agreement entered into under
this division | 495 |
|
shall be
subject to supervision and control in the manner | 496 |
|
described in
section 5120.161 of the Revised Code. This division | 497 |
|
does not affect the
authority of a court to directly sentence a | 498 |
|
person who is convicted of or
pleads guilty to a felony to the | 499 |
|
county jail in accordance with section
2929.16 of the Revised | 500 |
|
Code. | 501 |
(C)(1) Notwithstanding any contrary provision in
section | 502 |
|
2929.18, 2929.21, 2929.36, or 2929.37 or in any other section of | 503 |
|
the Revised
Code, the board
of county commissioners may establish | 504 |
|
a policy
that complies with section 2929.38 of the Revised Code | 505 |
|
and
that requires any person who is
not indigent and who is | 506 |
|
confined
in the jail under division (B) of this
section to pay a | 507 |
reasonablereception fee, a
fee
for any medical treatment or | 508 |
service requested
by and provided
to
that person, or
to pay the | 509 |
|
fee for a random drug test
assessed
under division (E) of section | 510 |
341.26 of the Revised Code.
The
fee
for the medical treatment or | 511 |
service shall not exceed
the actual
cost of the treatment or | 512 |
service requested by and provided to that
person. No
person | 513 |
confined to the jail who is indigent shall be
required to pay | 514 |
those
fees, and no person confined to the jail
shall be denied any | 515 |
necessary medical
care because of inability to
pay those fees. | 516 |
Upon provision of the requested medical treatment or service | 517 |
or assessment
of a fee for a random drug test, payment of
the | 518 |
required fee may be automatically deducted from a person's account | 519 |
record
in the jail's business office. If the person has no funds | 520 |
in the person's
account, a deduction may be made at a later date | 521 |
during the person's
confinement in the jail if funds later become | 522 |
available in the person's
account. If the person is released from | 523 |
the jail and has an unpaid balance of
these fees, the board of | 524 |
county commissioners may bill the person for payment
of the | 525 |
remaining unpaid fees. Fees received for medical treatment or | 526 |
services
shall be paid into the commissary fund, if one has been | 527 |
established for the
jail or if no such fund exists, into the | 528 |
county treasury. | 529 |
| (D) If a sheriff receives into custody a prisoner convicted | 537 |
|
of
crime by the United States as described in division
(A) of this | 538 |
|
section, if a person who has been convicted of or pleaded
guilty | 539 |
|
to an offense is incarcerated in the jail in the manner described | 540 |
|
in
division (B) of this section, if a sheriff receives into | 541 |
|
custody a
prisoner charged with a crime by the United States and | 542 |
|
the
prisoner has had bail denied or has had bail set, has not been | 543 |
|
released on
bail, and is confined in jail pending trial, or if a | 544 |
|
person who has been
arrested for an offense, and who has been | 545 |
|
denied bail or has had bail set and
has not been released on bail | 546 |
|
is confined in jail pending trial,
at the time of reception and at | 547 |
|
other times the
sheriff or other person in charge of the operation | 548 |
|
of the jail determines to
be appropriate, the sheriff or other | 549 |
|
person in charge of the operation of the
jail may cause the | 550 |
|
convicted or accused offender to be examined and tested for | 551 |
|
tuberculosis, HIV infection, hepatitis, including, but not
limited | 552 |
|
to, hepatitis A, B, and C, and other contagious
diseases. The | 553 |
|
sheriff or other person in charge of the operation of the jail may | 554 |
|
cause a
convicted or accused offender in the jail who refuses to | 555 |
|
be tested or treated
for tuberculosis, HIV infection, hepatitis, | 556 |
|
including, but not
limited to, hepatitis A, B, and C, or another | 557 |
|
contagious disease to be tested and treated involuntarily. | 558 |
| Sec. 341.23. (A) The board of county commissioners of any | 559 |
|
county or the legislative authority of any municipal corporation | 560 |
|
in which there is no workhouse may agree with the legislative | 561 |
|
authority of any municipal corporation or other authority having | 562 |
|
control of the workhouse of any other city, or with the directors | 563 |
|
of any district of a joint city and county workhouse or county | 564 |
|
workhouse, upon terms on which persons convicted of a misdemeanor | 565 |
|
by any court or magistrate of a county or municipal corporation | 566 |
|
having no workhouse, may be received into that workhouse,
under | 567 |
|
sentence of the court or magistrate. The board or
legislative | 568 |
|
authority may pay the expenses incurred under the agreement out
of | 569 |
|
the general fund of that county or municipal
corporation, upon the | 570 |
|
certificate of the proper officer of the workhouse. | 571 |
| (B) The sheriff or other officer transporting any person
to | 572 |
|
the workhouse described in division (A) of
this section
shall | 573 |
|
receive six cents per mile for the
sheriff or officer, going and | 574 |
|
returning, five cents per mile for transporting
the convict, and | 575 |
|
five cents per mile, going and coming, for the
service of each | 576 |
|
deputy, to be allowed as in cases in which a
person is transported | 577 |
|
to a state correctional institution. The
number of miles shall be | 578 |
|
computed by the usual routes of travel
and, in state cases, shall | 579 |
|
be paid out of the general fund of the
county, on the allowance of | 580 |
|
the board, and for the violation of
the ordinances of any | 581 |
|
municipal corporation, shall be paid by
that municipal corporation | 582 |
|
on the order of its legislative
authority. | 583 |
(C)(1) ThePursuant to section 2929.37 of the Revised Code, | 584 |
|
the board of county commissioners, the directors of
the district | 585 |
|
of a joint city and county workhouse or county
workhouse, or the | 586 |
|
legislative authority of the municipal
corporation may require a | 587 |
|
person who was convicted of an offense
and who is confined in a | 588 |
|
workhouse
as provided in division (A) of this section, to | 589 |
|
reimburse the
county, district, or municipal corporation, as the | 590 |
|
case may be,
for its expenses incurred by reason of the person's | 591 |
confinement,
including, but not limited to, the expenses relating | 592 |
to the
provision of food, clothing, shelter, medical care, | 593 |
personal hygiene products, including, but not limited to, | 594 |
toothpaste,
toothbrushes, and feminine hygiene items, and up to | 595 |
two hours of overtime
costs the sheriff or municipal corporation | 596 |
incurred relating to the trial of
the person. The amount of | 597 |
reimbursement may be the actual cost of the person's
confinement | 598 |
plus the
authorized trial overtime costs or a lesser
amount | 599 |
determined by the board of county commissioners of the county, the | 600 |
directors of the district of the joint city or county workhouse, | 601 |
or the
legislative authority of the municipal corporation, | 602 |
provided that the lesser
amount shall be determined by a formula | 603 |
that is uniformly applied to persons
incarcerated in the | 604 |
workhouse. The amount of reimbursement shall be
determined by a | 605 |
court at a hearing held pursuant to section 2929.18 of the
Revised | 606 |
Code if the person is confined for a felony or section 2929.223 of | 607 |
the
Revised Code if the person is confined for a misdemeanor. The | 608 |
amount or
amounts paid in reimbursement by a person confined for a | 609 |
misdemeanor or
the amount recovered from a person confined for a | 610 |
misdemeanor by
executing upon the judgment obtained pursuant to | 611 |
section 2929.223 of the
Revised Code shall be paid into the | 612 |
treasury of the county, district, or
municipal corporation that | 613 |
incurred the expenses. If a person is confined
for a felony and | 614 |
the court imposes a sanction under section 2929.18 of the
Revised | 615 |
Code that requires the person to reimburse the costs of | 616 |
confinement,
the prosecuting attorney or the municipal chief legal | 617 |
officer shall bring an
action to recover the expenses of | 618 |
confinement, in accordance
with
section 2929.18 of the Revised | 619 |
Code. | 620 |
(2) The board of county commissioners, the directors of the | 621 |
district of a joint city and county workhouse or county workhouse, | 622 |
or the
legislative authority of the municipal corporation may | 623 |
adopt a resolution or
ordinance specifying that a person who is | 624 |
convicted of a felony and who is
confined in a workhouse as | 625 |
provided in division
(A) of this section is not required to | 626 |
reimburse the county, district, or municipal corporation, as the | 627 |
case may be,
for its expenses incurred by reason of the person's | 628 |
confinement, including the
expenses listed in division (C)(1) of | 629 |
this
section. If the board, directors, or legislative authority | 630 |
adopts a
resolution or ordinance of that nature, the board, | 631 |
directors, or legislative
authority shall provide a copy to the | 632 |
court of common pleas of the county, and
the court that sentences | 633 |
a person convicted of a felony shall not impose a
sanction under | 634 |
section 2929.18 of the Revised Code that requires the person to | 635 |
reimburse the costs of the confinement. | 636 |
(D) In lieu of requiring offenders to reimburse the | 637 |
political subdivision for
expenses incurred by reason of the | 638 |
person's confinement under division (C) of
this section, the board | 639 |
of county
commissioners, the directors of the district
of joint | 640 |
city and
county workhouse or county workhouse, or the legislative | 641 |
authority
of the municipal corporation having control of the | 642 |
workhouse may
adopt a prisoner reimbursement policy for the | 643 |
workhouse under
this
division.
The board,
directors, or authority | 644 |
may appoint a
reimbursement coordinator to
administer the prisoner | 645 |
reimbursement policy.
A prisoner
reimbursement policy adopted | 646 |
under this
division is a policy that
requires a person confined to | 647 |
the workhouse to
reimburse the
political subdivision responsible | 648 |
for paying prisoner expenses
for
any expenses it incurs by reason | 649 |
of the person's confinement in
the
workhouse, which expenses may | 650 |
include, but are not limited to,
the following: | 651 |
The reimbursement coordinator or another appointed person may | 679 |
collect, or the
board of county commissioners, the directors of | 680 |
the district of joint city and
county workhouse or county | 681 |
workhouse, or the legislative authority of the
municipal | 682 |
corporation having control of the workhouse may enter into a | 683 |
contract with one or more public agencies or private vendors to | 684 |
collect, any
amounts remaining unpaid. Within twelve months after | 685 |
the date of the confined
person's release, the prosecuting | 686 |
attorney, city director of law, village
solicitor, or attorney for | 687 |
the district may file a civil action to seek
reimbursement from | 688 |
that person for any billing amount that remains unpaid.
The | 689 |
political subdivision shall not enforce any judgment obtained | 690 |
under this
section by means of execution against the person's | 691 |
homestead. For purposes of
this section, "homestead" has the same | 692 |
meaning as in division (A) of section
323.151 of the Revised Code. | 693 |
Any reimbursement received under this section
shall be credited to | 694 |
the general fund of the political subdivision that bore
the | 695 |
expense, to be used for general fund purposes. | 696 |
(E)(1)(D) Notwithstanding any contrary provision in this | 697 |
section or section
2929.18
or 2929.223, 2929.21, 2929.36, or | 698 |
|
2929.37 of
the Revised Code, the appropriate board of county | 699 |
|
commissioners
and legislative authorities may include in their | 700 |
|
agreement
entered
into under division (A) of this section a policy | 701 |
| that complies with section 2929.38 of the Revised Code and that | 702 |
|
requires any
person who is not indigent and who is confined in the | 703 |
|
county,
city, district,
or joint city and county workhouse under | 704 |
this
section to pay a
reasonablereception fee, a fee
for any | 705 |
|
medical treatment or
service requested by and provided to that | 706 |
person,
or
to pay the
fee
for a random drug test assessed under | 707 |
division
(E) of section
341.26 of the Revised Code.
The fee for | 708 |
the medical treatment or
service shall not exceed the actual cost | 709 |
of the
treatment or
service
provided. No person confined to a | 710 |
county, city, district,
or joint city and
county workhouse under | 711 |
this section who is
indigent shall be required to pay
those fees, | 712 |
and no person
confined to any workhouse of that type shall be | 713 |
denied any
necessary medical care because of inability to pay | 714 |
those fees. | 715 |
Upon provision of the requested medical treatment or service | 716 |
or assessment
of a fee for a random drug test, payment of the | 717 |
required fee may be automatically deducted from a person's account | 718 |
record in
the workhouse's business office. If the person has no | 719 |
funds in the person's
account, a deduction may be made at a later | 720 |
date during the person's
confinement in the workhouse if funds | 721 |
later become available in the person's
account. If the person is | 722 |
released from the workhouse and has an unpaid
balance of these | 723 |
fees, the appropriate board of county commissioners and | 724 |
legislative authorities may bill the person for payment of the | 725 |
remaining
unpaid fees in the same proportion as those expenses | 726 |
were borne by the
political subdivision issuing the billing | 727 |
statement. Fees received for
medical treatment or services shall | 728 |
be paid into the commissary fund, if one
has been created for the | 729 |
workhouse, or if no such fund exists, into the
treasuries of the | 730 |
political subdivisions that incurred the expenses of those | 731 |
treatments or services in the same proportion as those expenses | 732 |
were borne by
these political subdivisions. | 733 |
(F)(E) If a person who has been convicted of or pleaded | 743 |
|
guilty
to an
offense is incarcerated in the workhouse as provided | 744 |
|
in
division (A)
of this section,
at the time of reception and at | 745 |
|
other times the
person in charge of the operation of the workhouse | 746 |
|
determines
to
be appropriate, the person in charge of the | 747 |
|
operation of the
workhouse may cause the convicted offender to be | 748 |
|
examined and tested
for
tuberculosis, HIV infection, hepatitis, | 749 |
|
including but not limited
to hepatitis A, B, and C, and other | 750 |
|
contagious
diseases. The
person in charge of the operation of the | 751 |
|
workhouse may cause a
convicted offender in the workhouse who | 752 |
|
refuses to be tested or
treated
for tuberculosis, HIV infection, | 753 |
|
hepatitis, including but not
limited to hepatitis A, B, and C, or | 754 |
|
another
contagious disease to
be tested and treated involuntarily. | 755 |
| (B) The board of county commissioners of the county, with | 762 |
|
the
consent of the sheriff of the county, or the boards of county | 763 |
|
commissioners of
two or more adjacent counties that have jointly | 764 |
|
established a
multicounty correctional center pursuant to section | 765 |
|
307.93 of
the Revised
Code, with the consent of the
sheriffs of | 766 |
|
those adjacent counties, may enter into a contract with a | 767 |
|
laboratory or entity to perform blood or urine specimen | 768 |
|
collection, documentation, maintenance, transportation, | 769 |
|
preservation, storage, and analyses and other duties required in | 770 |
|
the performance of random drug testing of prisoners. The terms of | 771 |
|
any
contract entered into under this division shall include a | 772 |
|
requirement that the
laboratory or entity and its employees, the | 773 |
|
sheriff, deputy sheriffs,
the corrections commission or the | 774 |
|
administrator of the multicounty
correctional center specified in | 775 |
|
division (D) of this section, the
employees of the jail and | 776 |
|
multicounty correctional center, and all other
persons comply with | 777 |
|
the
standards for the performance of random drug testing as | 778 |
|
specified in rules adopted under division (C) of this section. | 779 |
| (D) If a board of county commissioners enters into a | 840 |
|
contract pursuant to
division (B) of this section,
the sheriff of | 841 |
|
that county, pursuant to the terms of the contract and the
rules | 842 |
|
adopted under division (C) of
this section, shall facilitate the | 843 |
|
collection, documentation,
maintenance, and transportation by the | 844 |
|
contracting laboratory or
entity of the blood or urine specimens | 845 |
|
of the prisoners who are
confined in the jail and who are subject | 846 |
|
to random drug testing.
If the boards of county commissioners | 847 |
|
that have jointly
established a multicounty correctional center | 848 |
|
enter into a
contract pursuant to division (B) of this section, | 849 |
|
the corrections
commission or the administrator of the multicounty | 850 |
|
correctional
center, pursuant to the terms of the contract and the | 851 |
|
rules adopted under division
(C) of this section, shall
facilitate | 852 |
|
the collection, documentation, maintenance, and
transportation by | 853 |
|
the contracting laboratory or entity of the
blood or urine | 854 |
|
specimens of the prisoners who are confined in
the multicounty | 855 |
|
correctional center and who are subject to
random drug testing. | 856 |
| (E) If a county or two or more adjacent counties enter into | 857 |
|
a
contract pursuant to division (B) of this section
and the | 858 |
|
contracting laboratory or entity performs the random
drug testing | 859 |
|
as provided in the contract, the laboratory or
entity shall | 860 |
|
transmit the results of the drug tests to the sheriff,
corrections | 861 |
|
commission, or administrator
who facilitated the collection, | 862 |
|
documentation, maintenance, and transportation
of blood or urine | 863 |
|
specimens under division
(D) of this section. The
sheriff, | 864 |
|
corrections commission, or administrator shall file for record the | 865 |
|
results of the random drug tests
that indicate whether or not each | 866 |
|
prisoner who is confined in the jail
or multicounty correctional | 867 |
|
center and who was
subjected to the drug test ingested or was | 868 |
|
injected with a drug
of abuse. The sheriff, corrections | 869 |
|
commission, or administrator shall give
appropriate notice of the | 870 |
|
drug test results to each prisoner
who was subjected to the drug | 871 |
|
test and
whose drug test results indicate that the prisoner | 872 |
|
ingested or was injected with a drug of abuse. The
sheriff, | 873 |
|
corrections commission, or administrator shall afford that | 874 |
|
prisoner
an opportunity to be heard regarding the
results of the | 875 |
|
drug test and to present contrary evidence at a hearing held | 876 |
|
before the sheriff, corrections commission, or administrator | 877 |
|
within thirty
days after notification of the prisoner under this | 878 |
|
division. After the hearing, if a hearing is held, the
sheriff, | 879 |
|
corrections commission, or administrator shall make a | 880 |
|
determination
regarding any evidence
presented by the prisoner.
If | 881 |
|
the
sheriff, corrections commission, or administrator rejects
the | 882 |
|
evidence
presented by the prisoner at the hearing or if no
hearing | 883 |
|
is held under this division, the sheriff, corrections
commission, | 884 |
|
or
administrator may assess a
reasonable fee,
determined pursuant | 885 |
|
to division (C) of this
section, for the costs
associated with the | 886 |
|
random drug test to be paid by the
prisoner
whose drug test | 887 |
|
results indicate that the prisoner ingested or was
injected with a | 888 |
|
drug of abuse. The sheriff, corrections
commission, or | 889 |
|
administrator may collect the fee pursuant to
section 307.93, | 890 |
341.06341.14, 341.19, 341.21,
or 341.23 of the
Revised
Code. | 891 |
| Sec. 753.02. (A) The legislative authority of a municipal | 892 |
|
corporation shall provide by ordinance for sustaining all persons | 893 |
|
sentenced to or confined in a prison or station house at the | 894 |
|
expense of the municipal corporation, and in counties where | 895 |
|
prisons or station houses are in quarters leased from the board
of | 896 |
|
county commissioners, may contract with the board for the care
and | 897 |
|
maintenance of those persons by the sheriff or other
person | 898 |
|
charged with the care and maintenance of county prisoners. On
the | 899 |
|
presentation of bills for food, sustenance, and necessary | 900 |
|
supplies, to the proper officer, certified by the person
whom the | 901 |
|
legislative authority designates, the officer shall
audit the | 902 |
|
bills under the rules prescribed by the legislative authority,
and | 903 |
|
draw the officer's order on the treasurer of the municipal | 904 |
|
corporation in favor of the person presenting the bill. | 905 |
(B)(1) ThePursuant to section 2929.37 of the Revised Code, | 906 |
|
the legislative authority of the municipal corporation
may require | 907 |
|
a person who was convicted of an offense and who is confined in a | 908 |
|
prison or station house as provided in division (A) of this | 909 |
|
section, or a
person who was convicted of an offense
and who is | 910 |
|
confined in the county jail as provided in section
1905.35 of the | 911 |
|
Revised Code, to reimburse the municipal
corporation for its | 912 |
expenses incurred by reason of the person's
confinement, | 913 |
including, but not limited to, the expenses relating
to the | 914 |
provision of food, clothing, shelter, medical
care, personal | 915 |
hygiene products, including, but not
limited to, toothpaste, | 916 |
toothbrushes, and feminine hygiene items,
and up to two hours of | 917 |
overtime costs the sheriff or municipal corporation
incurred | 918 |
relating to the trial of the person. The amount of reimbursement | 919 |
may be the actual cost of the prisoner's confinement plus the | 920 |
authorized trial
overtime costs or a lesser
amount determined by | 921 |
the legislative authority of the municipal
corporation, provided | 922 |
that the lesser amount shall be determined
by a formula that is | 923 |
uniformly applied to persons incarcerated in
the prison, station | 924 |
house, or county jail. The amount of reimbursement shall
be | 925 |
determined by a court at a hearing held pursuant to section | 926 |
2929.18 of the
Revised Code if the person is confined for a
felony | 927 |
or section 2929.223 of the Revised Code if the
person is confined | 928 |
for a misdemeanor. The
amount or amounts paid in reimbursement by | 929 |
a person
confined for a misdemeanor or the amount recovered from a | 930 |
person confined for a misdemeanor by executing upon the judgment | 931 |
obtained pursuant to section 2929.223 of the Revised Code shall be | 932 |
paid into
the treasury of the municipal corporation. If a person | 933 |
is
confined for a felony and the court imposes a sanction under | 934 |
section 2929.18
of the Revised Code that requires the person to | 935 |
reimburse
the costs of confinement, the village solicitor, city | 936 |
director of law, or
other chief legal officer shall bring an | 937 |
action to recover the expenses of
confinement in accordance with | 938 |
section 2929.18 of the
Revised Code. | 939 |
(2) The legislative authority of the municipal corporation | 940 |
may
adopt an ordinance specifying that a person who is convicted | 941 |
of a felony and
who is confined in a prison or station house as | 942 |
provided in division
(A) of this section is not required to | 943 |
reimburse the municipal corporation for its expenses incurred by | 944 |
reason of the
person's confinement, including the expenses listed | 945 |
in division
(B)(1) of this section. If the legislative
authority | 946 |
adopts an ordinance of that nature, the legislative authority | 947 |
shall
provide a copy to the court of common pleas of the county, | 948 |
and the court that
sentences a person convicted of a felony shall | 949 |
not impose a sanction under
section 2929.18 of the Revised Code | 950 |
that requires the person to reimburse the
costs of the | 951 |
confinement. | 952 |
(C)
In lieu of requiring offenders to reimburse the
municipal | 953 |
corporation for
expenses incurred by reason of the
person's | 954 |
confinement under division (B) of
this section, the legislative | 955 |
authority of
the municipal corporation may adopt
a prisoner | 956 |
reimbursement
policy for the prison or station house under
this | 957 |
division. The prison or station house
administrator may appoint a | 958 |
reimbursement coordinator to
administer the prisoner reimbursement | 959 |
policy.
A
prisoner
reimbursement policy adopted under this | 960 |
division is a policy that
requires a person confined to the prison | 961 |
or station house to
reimburse the
municipal corporation for any | 962 |
expenses it incurs by
reason of the person's
confinement in the | 963 |
prison or station house,
which expenses may include, but
are not | 964 |
limited to, the following: | 965 |
The reimbursement coordinator or another appointed person may | 990 |
collect, or the
legislative authority of the municipal corporation | 991 |
may enter into a contract
with one or more public agencies or | 992 |
private vendors to collect, any amounts
remaining unpaid. Within | 993 |
twelve months after the date of the confined
person's release, the | 994 |
city director of law, village solicitor, or other
attorney for the | 995 |
municipal corporation may file a civil action to seek | 996 |
reimbursement from that person for any billing amount that remains | 997 |
unpaid.
The municipal corporation shall not enforce any judgment | 998 |
obtained under this
section by means of execution against the | 999 |
person's homestead. For purposes of
this section, "homestead" has | 1000 |
the same meaning as in division (A) of section
323.151 of the | 1001 |
Revised Code. Any reimbursement received under this section
shall | 1002 |
be credited to the general fund of the municipal corporation that | 1003 |
bore
the expense, to be used for general fund purposes. | 1004 |
(D)(1) Notwithstanding any contrary provision in this | 1005 |
section or section
2929.18
or2929.223, 2929.21, 2929.36, or | 1006 |
|
2929.37 of
the Revised Code, the legislative authority of the | 1007 |
|
municipal
corporation may establish a policy
that complies with | 1008 |
|
section 2929.38 of the Revised Code and that requires any person | 1009 |
|
who is
not indigent and who is confined in a prison or station | 1010 |
house to
pay a
reasonablereception fee, a fee for any
medical | 1011 |
|
treatment or service
requested by and
provided to that
person, or | 1012 |
to pay the fee for a
random drug test assessed
under
division (E) | 1013 |
of section 753.33 of
the Revised Code.
The fee for
the medical | 1014 |
treatment or service
shall not
exceed the actual cost
of the | 1015 |
treatment or service
provided. No person confined to a
prison or | 1016 |
station
house who is
indigent shall be required to pay
those fees, | 1017 |
and no person
confined to a prison or station house
shall be | 1018 |
denied any
necessary medical
care because of inability to
pay | 1019 |
those fees. | 1020 |
Upon provision of the requested medical treatment or service | 1021 |
or assessment
of a fee for a random drug test, payment of the | 1022 |
required fee may be automatically deducted from a person's account | 1023 |
record in
the prison or station house's business office. If the | 1024 |
person has no funds in
the person's account, a deduction may be | 1025 |
made at a later date during the
person's confinement in the prison | 1026 |
or station house if funds later become
available in the person's | 1027 |
account. If the person is released from the prison
or station | 1028 |
house and has an unpaid balance of these fees, the legislative | 1029 |
authority may bill the person for payment of the remaining unpaid | 1030 |
fees. Fees
received for medical treatment or services shall be | 1031 |
paid into the commissary
fund, if one has been created for the | 1032 |
prison or station house, or if no such
fund exists, into the | 1033 |
municipal treasury. | 1034 |
(E)(D) If a person who has been convicted of or pleaded | 1044 |
|
guilty
to an
offense is sentenced to a term of imprisonment in a | 1045 |
|
prison
or station house as
described in division (A) of this | 1046 |
|
section, or
if a person who has
been arrested for an offense, and | 1047 |
|
who has been
denied bail or has had bail set
and has not been | 1048 |
|
released on bail
is confined in a prison or station house as | 1049 |
|
described in division
(A) of this section pending trial,
at the | 1050 |
|
time of reception and at
other times
the
person in charge of the | 1051 |
|
operation of the prison or
station house determines to
be | 1052 |
|
appropriate, the person in charge
of the operation of the
prison | 1053 |
|
or station house may cause the
convicted or accused offender to be | 1054 |
|
examined and tested for
tuberculosis, HIV infection, hepatitis, | 1055 |
|
including, but not
limited
to, hepatitis A, B, and C, and other | 1056 |
|
contagious
diseases. The
person in charge of the operation of the | 1057 |
|
prison or station house
may cause a
convicted or accused offender | 1058 |
|
in the prison or station
house who refuses to be
tested or treated | 1059 |
|
for tuberculosis, HIV
infection, hepatitis, including, but not | 1060 |
|
limited to, hepatitis A,
B, and C, or another
contagious disease | 1061 |
|
to be tested and treated
involuntarily. | 1062 |
(B)(1) ThePursuant to section 2929.37 of the Revised Code, | 1078 |
|
the legislative authority of the municipal corporation
or the | 1079 |
|
board of township trustees may require a person who is
convicted | 1080 |
|
of an offense and who is
confined in a workhouse as provided in | 1081 |
|
division (A) of this
section, to reimburse the municipal | 1082 |
|
corporation or the township,
as the case may be, for its expenses | 1083 |
incurred by reason of
the person's confinement, including, but not | 1084 |
limited to, the expenses relating
to the provision of food, | 1085 |
clothing, shelter, medical
care, personal hygiene products, | 1086 |
including, but not limited to, toothpaste,
toothbrushes, and | 1087 |
feminine hygiene items, and up to two hours of overtime
costs the | 1088 |
sheriff or municipal corporation incurred relating to the trial of | 1089 |
the person. The amount of
reimbursement may be the actual cost of | 1090 |
the prisoner's confinement plus the
authorized trial overtime | 1091 |
costs or a lesser
amount determined by the legislative authority | 1092 |
of the municipal corporation or
board of township trustees, | 1093 |
provided that the lesser amount shall be
determined by a formula | 1094 |
that is uniformly applied to persons incarcerated in
the | 1095 |
workhouse. The amount of
reimbursement shall be determined by a | 1096 |
court at a hearing held
pursuant to section 2929.18 of the Revised | 1097 |
Code if the
person is confined for a felony or section 2929.223 of | 1098 |
the Revised Code if the person is confined for a
misdemeanor.
The | 1099 |
amount or amounts paid in
reimbursement by a person confined for a | 1100 |
misdemeanor or the amount recovered from a person
confined for a | 1101 |
misdemeanor by executing upon the judgment obtained pursuant to | 1102 |
section
2929.223 of the Revised Code shall be paid into the | 1103 |
treasury of the municipal
corporation or township that incurred | 1104 |
the expenses. If a
person is confined
for a felony and the court | 1105 |
imposes a sanction under section 2929.18 of the
Revised Code that | 1106 |
requires the person to reimburse the
costs of confinement,
the | 1107 |
city director of law, village solicitor, or other chief legal | 1108 |
officer
shall bring an action to recover the expenses of | 1109 |
confinement in
accordance with section 2929.18 of the Revised | 1110 |
Code. | 1111 |
(2) The legislative authority of a municipal corporation or | 1112 |
the
board of township trustees may adopt an ordinance or | 1113 |
resolution specifying
that a person who is convicted of a felony | 1114 |
and who is confined in a workhouse
as provided in division (A) of | 1115 |
this section is
not required to reimburse the municipal | 1116 |
corporation or the township, as the
case may be, for its expenses | 1117 |
incurred by reason of the person's confinement,
including the | 1118 |
expenses listed in division
(B)(1) of this section. If the | 1119 |
legislative
authority or board adopts a resolution of that nature, | 1120 |
the legislative
authority or board shall provide a copy to the | 1121 |
court of common pleas of the
county, and the court that
sentences | 1122 |
a person convicted of a felony shall not impose a sanction under | 1123 |
section 2929.18 of the Revised Code that requires the person to | 1124 |
reimburse the
costs of the confinement. | 1125 |
(C)
In lieu of requiring offenders to reimburse the
political | 1126 |
subdivision for
expenses incurred by reason of the
person's | 1127 |
confinement in a municipal
workhouse under division (B)
of this | 1128 |
section
or under division (C) of section
753.16 of the Revised | 1129 |
|
Code, the legislative authority of the
municipal
corporation may | 1130 |
|
adopt a prisoner reimbursement policy
for the workhouse
under
this | 1131 |
|
division. The legislative authority of the municipal
corporation | 1132 |
|
may appoint a reimbursement coordinator to administer
the
prisoner | 1133 |
|
reimbursement policy.
A prisoner
reimbursement policy
adopted | 1134 |
|
under this division is a policy that requires a person
confined to | 1135 |
|
the
municipal workhouse to reimburse any expenses it
incurs by | 1136 |
|
reason of the
person's confinement in the workhouse,
which | 1137 |
|
expenses may include, but are not
limited to, the following: | 1138 |
The reimbursement coordinator or another workhouse employee | 1163 |
may collect, or
the legislative authority of the municipal | 1164 |
corporation may enter into a
contract with one or more public | 1165 |
agencies or private vendors to collect, any
amounts remaining | 1166 |
unpaid. Within twelve months after the date of the confined | 1167 |
person's release, the city director of law, village solicitor, or | 1168 |
other
attorney for the municipal corporation may file a civil | 1169 |
action to seek
reimbursement from that person for any billing | 1170 |
amount that remains unpaid.
The municipal corporation shall not | 1171 |
enforce any judgment obtained under this
section by means of | 1172 |
execution against the person's homestead. For purposes of
this | 1173 |
section, "homestead" has the same meaning as in division (A) of | 1174 |
section
323.151 of the Revised Code. Any reimbursement received | 1175 |
under this section
shall be credited to the general fund of the | 1176 |
political subdivision that bore
the expense, to be used for | 1177 |
general fund purposes. | 1178 |
(D)(1) Notwithstanding any contrary provision in this | 1179 |
section or section
2929.18
or2929.223, 2929.21, 2929.36, or | 1180 |
|
2929.37 of
the Revised Code, the legislative authority of the | 1181 |
|
municipal
corporation or board of township trustees may establish | 1182 |
|
a policy
that complies with section 2929.38 of the Revised Code | 1183 |
|
and
that requires any person who is not indigent and who is | 1184 |
|
confined
in the
workhouse under division (A) of this section to | 1185 |
pay a
reasonablereception fee, a fee for any
medical treatment or | 1186 |
service requested by
and provided to that person, or
to
pay the | 1187 |
|
fee for a random drug
test assessed under division (E) of
section | 1188 |
753.33 of the Revised
Code.
The
fee for the medical treatment or | 1189 |
service
shall not
exceed the actual cost of the treatment or | 1190 |
service provided. No
person confined to a workhouse who is | 1191 |
indigent shall be required
to pay those
fees, and no person | 1192 |
confined to a workhouse shall be
denied any
necessary medical care | 1193 |
because of inability to pay
those fees. | 1194 |
Upon provision of the requested medical treatment or service | 1195 |
or assessment
of a fee for a random drug test, payment of the | 1196 |
required fee may be automatically deducted from a person's account | 1197 |
record in
the workhouse's business office. If the person has no | 1198 |
funds in the person's
account, a deduction may be made at a later | 1199 |
date during the person's
confinement in the center if funds later | 1200 |
become available in the person's
account. If the person is | 1201 |
released from the workhouse and has an unpaid
balance of these | 1202 |
fees, the legislative authority or board of township trustees
may | 1203 |
bill the person for payment of the remaining unpaid fees. Fees | 1204 |
received
for medical treatment or services shall be paid into the | 1205 |
commissary fund, if
one has been created for the workhouse, or if | 1206 |
no such fund exists, into the
treasury of the municipal | 1207 |
corporation or township. | 1208 |
(E)(D) If a person who has been convicted of or pleaded | 1217 |
|
guilty
to an
offense is incarcerated in a workhouse or if a person | 1218 |
|
who
has been arrested
for an offense, and who has not been denied | 1219 |
|
bail
or has had bail set and has
not been released on bail is | 1220 |
|
confined
in a workhouse pending trial,
at the time of reception | 1221 |
|
and at
other times
the
person in charge of the operation of the | 1222 |
|
workhouse
determines to
be appropriate, the person in charge of | 1223 |
|
the
operation of the
workhouse may cause the convicted or accused | 1224 |
|
offender to be examined and
tested
for
tuberculosis, HIV | 1225 |
|
infection, hepatitis, including, but not
limited to, hepatitis A, | 1226 |
|
B, and C, and other contagious
diseases. The
person in charge of | 1227 |
|
the operation of the workhouse may cause a
convicted or accused | 1228 |
|
offender in the workhouse who refuses to be tested or
treated for | 1229 |
|
tuberculosis, HIV infection, hepatitis, including,
but not limited | 1230 |
|
to, hepatitis A, B, and C, or another
contagious disease to
be | 1231 |
|
tested and treated involuntarily. | 1232 |
| Sec. 753.16. (A) Any city or district having a workhouse | 1233 |
|
may receive as inmates of the workhouse persons sentenced or | 1234 |
|
committed to it from counties other than the one in which the | 1235 |
|
workhouse is situated, upon the terms and during
the length of | 1236 |
|
time agreed upon by the boards of
county commissioners of those | 1237 |
|
counties, or by the
legislative authority of a municipal | 1238 |
|
corporation in those counties and the legislative authority
of the | 1239 |
|
city, or the board of the district workhouse, or other authority | 1240 |
|
having
the management and control of the workhouse. Prisoners so | 1241 |
|
received shall in all respects be and remain under the control of | 1242 |
|
that authority, and shall be subject to the rules
and discipline | 1243 |
|
of the workhouse to which the other
prisoners detained in the | 1244 |
|
workhouse are subject. | 1245 |
| (B) Prior to the acceptance for housing into a jail or | 1246 |
|
workhouse of persons who are designated by the department of | 1247 |
|
rehabilitation
and correction, who plead guilty to or are | 1248 |
|
convicted of a felony of the fourth
or fifth degree, and who | 1249 |
|
satisfy the other requirements listed in section
5120.161 of the | 1250 |
|
Revised Code, the legislative authority of a municipal
corporation | 1251 |
|
having a jail or workhouse, or the joint board managing and | 1252 |
|
controlling a workhouse for the joint use of a municipal | 1253 |
|
corporation and a county shall enter into an agreement with
the | 1254 |
|
department of rehabilitation and correction under section
5120.161 | 1255 |
|
of the Revised Code for the housing in the jail or
workhouse of | 1256 |
|
persons who are designated by the department, who
plead guilty to | 1257 |
|
or are convicted of a felony of the fourth or fifth degree,
and | 1258 |
|
who satisfy the other requirements listed in that section, in | 1259 |
|
exchange for a per diem fee per person. Persons incarcerated in | 1260 |
|
the jail or workhouse pursuant to an agreement of that
nature | 1261 |
|
shall be subject to supervision and control in the manner | 1262 |
|
described
in section 5120.161 of the Revised Code. This division | 1263 |
|
does not affect the
authority of a court to directly sentence a | 1264 |
|
person who is convicted of or
pleads guilty to a felony to the | 1265 |
|
jail or workhouse in accordance with section
2929.16 of the | 1266 |
|
Revised Code. | 1267 |
(C)(1) ThePursuant to section 2929.37 of the Revised Code, | 1268 |
|
the board of county commissioners, the legislative
authority of | 1269 |
|
the municipal corporation, or the board or other
managing | 1270 |
|
authority of the district workhouse may require a person
who was | 1271 |
|
convicted of an offense
and who is confined in the workhouse as | 1272 |
|
provided in division (A)
of this section, to reimburse the county, | 1273 |
|
municipal corporation,
or district, as the case may be, for its | 1274 |
expenses incurred by
reason of the person's confinement, | 1275 |
including, but not limited to,
the expenses relating to the | 1276 |
provision of food, clothing,
shelter, medical care, personal | 1277 |
hygiene products, including, but not
limited to, toothpaste, | 1278 |
toothbrushes, and feminine hygiene items, and up to
two hours of | 1279 |
overtime costs the sheriff or municipal corporation incurred | 1280 |
relating to the trial of the
person. The amount of reimbursement | 1281 |
may be the actual cost of the
person's
confinement plus the | 1282 |
authorized trial overtime costs or a lesser amount
determined by | 1283 |
the board of county commissioners
for the county, the legislative | 1284 |
authority of the municipal corporation, or the
board or other | 1285 |
managing authority of the district workhouse, provided that the | 1286 |
lesser amount shall be determined by a formula that is uniformly | 1287 |
applied to
persons incarcerated in the workhouse. The amount of | 1288 |
reimbursement shall be
determined by a court at a hearing held | 1289 |
pursuant to section 2929.18 of the
Revised Code if the person is | 1290 |
confined for a felony or
section 2929.223 of
the Revised Code if | 1291 |
the person is confined for a
misdemeanor. The amount or
amounts | 1292 |
paid in reimbursement by a person confined for
a misdemeanor or | 1293 |
the
amount recovered from a person confined for a
misdemeanor by | 1294 |
executing upon
the judgment obtained pursuant to section 2929.223 | 1295 |
of the Revised Code shall
be paid into the treasury of the county, | 1296 |
municipal corporation, or district
that incurred the expenses. If | 1297 |
a person is confined
for a felony and the court imposes a sanction | 1298 |
under section 2929.18 of the
Revised Code that requires the person | 1299 |
to reimburse the
costs of confinement,
the prosecuting attorney or | 1300 |
municipal chief legal officer shall bring an
action to recover the | 1301 |
expenses of confinement in accordance with
section 2929.18 of the | 1302 |
Revised Code. | 1303 |
(2) The board of county commissioners, the legislative | 1304 |
authority
of the municipal corporation, or the board or other | 1305 |
managing authority of the
district workhouse may adopt a | 1306 |
resolution or ordinance specifying that a
person who is convicted | 1307 |
of a felony and who is confined in the workhouse as
provided in | 1308 |
division (A) of this section is not
required to reimburse the | 1309 |
county, municipal corporation, or district, as the
case may be, | 1310 |
for its expenses incurred by reason of the person's confinement, | 1311 |
including the expenses listed in division
(C)(1) of this section. | 1312 |
If the board, legislative authority, or managing
authority adopts | 1313 |
a resolution of that nature, the board, legislative
authority, or | 1314 |
managing authority shall provide a
copy to the court of common | 1315 |
pleas of the county, and the court that sentences
a person | 1316 |
convicted of a felony shall not
impose a sanction under section | 1317 |
2929.18 of the Revised
Code that requires the person to reimburse | 1318 |
the
costs of the confinement. | 1319 |
(D)(1) Notwithstanding any contrary provision in this section | 1320 |
or section
2929.223, 2929.21, 2929.36, or 2929.37 of the Revised | 1321 |
|
Code, the
board of county commissioners, the
legislative authority | 1322 |
|
of a
municipal corporation, or the board or other
managing | 1323 |
|
authority of
the district workhouse may establish a policy
that | 1324 |
|
complies with section 2929.38 of the Revised Code and that | 1325 |
|
requires any
person who is not indigent and who is confined in the | 1326 |
|
jail or
workhouse under division (A) or (B) of this section to pay | 1327 |
a
reasonablereception fee, a fee
for any medical treatment or | 1328 |
service requested by
and provided to that
person, or
to pay the | 1329 |
|
fee for a random drug
test assessed under division
(E) of section | 1330 |
753.33 of the Revised
Code.
The fee for
the medical treatment or | 1331 |
service shall not
exceed the actual
cost of the treatment or | 1332 |
service provided. No
person who is indigent shall be
required to | 1333 |
pay those fees, and no
person shall be denied any necessary | 1334 |
medical care because of
inability to pay those fees. | 1335 |
Upon provision of the requested medical treatment or service | 1336 |
or assessment
of a fee for a random drug test, payment of
the | 1337 |
required fee may be automatically deducted from a person's account | 1338 |
record
in the jail or workhouse's business office. If the person | 1339 |
has no funds in the
person's account, a deduction may be made at a | 1340 |
later date during the
person's confinement in the jail or | 1341 |
workhouse if funds later become available
in that person's | 1342 |
account. If the person is released from the jail or
workhouse and | 1343 |
has an unpaid balance of these fees, the board of county | 1344 |
commissioners, the legislative authority of the municipal | 1345 |
corporation, or the
board or other managing authority of the | 1346 |
district workhouse may bill the
person for payment of the | 1347 |
remaining unpaid fees. Fees received for medical
treatment or | 1348 |
services shall be paid into the commissary fund, if one has been | 1349 |
created for the workhouse, or if no such fund exists, into the | 1350 |
treasury of
each applicable political subdivision. | 1351 |
| (E) If a person who has been convicted of or pleaded
guilty | 1360 |
|
to an
offense is confined in the workhouse as provided in
division | 1361 |
|
(A) of
this section or is incarcerated in the workhouse
in the | 1362 |
|
manner described in
division (B) of this section, or if a
person | 1363 |
|
who has been arrested
for an offense, and who has been
denied bail | 1364 |
|
or has had bail set and has not
been released on bail
is confined | 1365 |
|
in the workhouse pending trial,
at the time of
reception and at | 1366 |
|
other times
the
person in charge of the operation
of the workhouse | 1367 |
|
determines to
be appropriate, the person in
charge of the | 1368 |
|
operation of the
workhouse may cause the convicted
or accused | 1369 |
|
offender to be examined and
tested
for
tuberculosis,
HIV | 1370 |
|
infection, hepatitis, including but not limited
to hepatitis
A, B, | 1371 |
|
and C, and other contagious
diseases. The
person in charge
of the | 1372 |
|
operation of the workhouse may cause a
convicted or accused | 1373 |
|
offender in the workhouse who refuses to be tested or
treated
for | 1374 |
|
tuberculosis, HIV infection, hepatitis, including but not
limited | 1375 |
|
to hepatitis A, B, and C, or another
contagious disease to
be | 1376 |
|
tested and treated involuntarily. | 1377 |
| (3) Require the child to make restitution to the victim of | 1416 |
|
the
child's delinquent act or, if the victim is deceased, to a | 1417 |
|
survivor of
the victim in an amount based upon the victim's | 1418 |
|
economic loss caused by
or related to the delinquent act. | 1419 |
|
Restitution required under this
division shall be made directly to | 1420 |
|
the victim in open court or to
the probation department that | 1421 |
|
serves the jurisdiction or the clerk
of courts on behalf of the | 1422 |
|
victim. The restitution may include
reimbursement to third | 1423 |
|
parties, other than the delinquent child's
insurer, for amounts | 1424 |
|
paid to the victim or to any survivor of the
victim for economic | 1425 |
|
loss resulting from the delinquent act. If
reimbursement to a | 1426 |
|
third party is required, the reimbursement
shall be made to any | 1427 |
|
governmental agency to repay any amounts the
agency paid to the | 1428 |
|
victim or any survivor of the victim before any
reimbursement is | 1429 |
|
made to any other person. | 1430 |
| The court may base the restitution order under this division | 1439 |
|
on an
amount recommended by the victim or survivor of the victim, | 1440 |
|
the
delinquent child, a presentence investigation report, | 1441 |
|
estimates or
receipts indicating the cost of repairing or | 1442 |
|
replacing property, and any
other information. If the amount of | 1443 |
|
the restitution is disputed
by the victim or survivor or by the | 1444 |
|
delinquent child, the court
shall hold a hearing on the | 1445 |
|
restitution. The court shall
determine, or order the | 1446 |
|
determination of, the amount of
restitution to be paid by the | 1447 |
|
delinquent child. All restitution
payments shall be credited | 1448 |
|
against any recovery of economic loss
in a civil action brought by | 1449 |
|
or on behalf of the victim against
the delinquent child or the | 1450 |
|
delinquent child's parent, guardian,
or other custodian. | 1451 |
| (b) All or part of the costs of confinement in a residential | 1468 |
|
facility described in section 2152.19 of the Revised Code or in a | 1469 |
|
department of youth services institution, including, but not | 1470 |
|
limited to, a per
diem fee for room and board, the costs of | 1471 |
|
medical and
dental treatment provided, and the costs of repairing | 1472 |
|
property the
delinquent child damaged while so confined. The | 1473 |
|
amount of
reimbursement ordered for a child under this division | 1474 |
|
shall not
exceed the total amount of
reimbursement the child is | 1475 |
|
able to pay as determined at a hearing and shall
not exceed the | 1476 |
|
actual cost of the confinement. The court may collect any | 1477 |
|
reimbursement ordered under this division. If the court
does not | 1478 |
|
order reimbursement under this division, confinement
costs may be | 1479 |
|
assessed pursuant to a repayment policy adopted under
section | 1480 |
2929.37 of the Revised Code and
division
(E)(D)
of section 307.93, | 1481 |
division
(A) of section
341.06341.19, division
(D)(C) of
section | 1482 |
341.23
or 753.16, or
division
(C)(B) of
section
341.14, 753.02, | 1483 |
|
753.04,
2301.56,
or
2947.19 of the
Revised Code. | 1484 |
| (2) Sections 2925.41 to 2925.45 of the Revised Code
apply to | 1490 |
|
children who are adjudicated or could be adjudicated by a juvenile | 1491 |
|
court to be delinquent children for an act that, if committed by | 1492 |
|
an adult,
would be a felony drug abuse offense. Subject to | 1493 |
|
division (B) of
section 2925.42 and division (E) of section | 1494 |
|
2925.43 of the
Revised Code, a
delinquent child of that nature | 1495 |
|
loses any right to the possession of, and
forfeits to the state | 1496 |
|
any right, title, and interest that the delinquent child
may have | 1497 |
|
in, property as defined in section 2925.41 of the Revised Code and | 1498 |
|
further described in section 2925.42 or 2925.43 of the Revised | 1499 |
|
Code. | 1500 |
| The judicial corrections board may submit a request for | 1566 |
|
funding of some or all of its community-based correctional | 1567 |
|
facilities and programs or district community-based correctional | 1568 |
|
facilities and programs to the board of county commissioners of | 1569 |
|
the county, if the judicial corrections board serves a | 1570 |
|
community-based correctional facility and program, or to the | 1571 |
|
boards of county commissioners of all of the member counties, if | 1572 |
|
the judicial corrections board serves a district community-based | 1573 |
|
correctional facility and program. The board or boards may | 1574 |
|
appropriate, but are not required to appropriate, a sum of money | 1575 |
|
for funding all aspects of each facility and program as outlined | 1576 |
|
in sections 2301.51 to 2301.56 of the Revised Code. The judicial | 1577 |
|
corrections board has no recourse against a board or boards of | 1578 |
|
county commissioners, either under Chapter 2731. of the Revised | 1579 |
|
Code, under its contempt power, or under any other authority, if | 1580 |
|
the board or boards of county commissioners do not appropriate | 1581 |
|
money for funding any facility or program or if they appropriate | 1582 |
|
money for funding a facility and program in an amount less than | 1583 |
|
the total amount of the submitted request for funding. | 1584 |
(B)(1) APursuant to section 2929.37 of the Revised Code, a | 1585 |
|
board of county commissioners may require a person
who was | 1586 |
|
convicted of an offense
and who is confined in a community-based | 1587 |
|
correctional facility or
district community-based correctional | 1588 |
|
facility as provided in
sections 2301.51 to 2301.56 of the Revised | 1589 |
|
Code, to reimburse the
county for its expenses incurred by reason | 1590 |
of the person's
confinement, including, but not limited to, the | 1591 |
expenses relating to the
provision of food, clothing, shelter, | 1592 |
medical care,
personal hygiene products, including, but not | 1593 |
limited to, toothpaste,
toothbrushes, and feminine hygiene items, | 1594 |
and up to two hours of overtime
costs the sheriff or municipal | 1595 |
corporation incurred relating to the trial of
the person. The | 1596 |
amount of
reimbursement may be the actual cost of the person's | 1597 |
confinement plus the
authorized trial overtime costs or a lesser | 1598 |
amount determined by the board of
county commissioners for the | 1599 |
county, provided that the lesser amount shall be
determined by a | 1600 |
formula that is uniformly
applied to persons incarcerated in the | 1601 |
facility. The amount of
reimbursement shall be determined by a | 1602 |
court at a hearing held
pursuant to section 2929.18 of the Revised | 1603 |
Code if the
person is confined
for a felony or section 2929.223 of | 1604 |
the Revised Code if the
person is confined for a misdemeanor. The | 1605 |
amount or amounts paid in
reimbursement by
a person confined for a | 1606 |
misdemeanor or the amount
recovered from a person
confined for a | 1607 |
misdemeanor by executing upon the judgment obtained pursuant to | 1608 |
section 2929.223 of the Revised Code shall be paid into the | 1609 |
treasury of the
county that incurred the expenses. If a person is | 1610 |
confined
for a felony and
the court imposes a sanction under | 1611 |
section 2929.18 of the Revised Code that
requires the person to | 1612 |
reimburse the costs of
confinement, the prosecuting attorney
shall | 1613 |
bring an action to recover the expenses of confinement in | 1614 |
accordance
with section 2929.18 of the Revised Code. | 1615 |
(2) A board of county commissioners may adopt a resolution | 1616 |
specifying that a person who is convicted of a felony and who is | 1617 |
confined in a
community-based correctional facility or district | 1618 |
community-based correctional
facility as provided in sections | 1619 |
2301.51 to 2301.56 of the Revised Code
is not required to | 1620 |
reimburse the county for its expenses incurred by reason of
the | 1621 |
person's confinement, including the expenses listed in division | 1622 |
(B)(1) of this section. If the board adopts
a resolution of that | 1623 |
nature, the board shall provide a copy to the court of
common | 1624 |
pleas of the county, and the court that sentences a person | 1625 |
convicted of
a felony shall not impose a sanction under section | 1626 |
2929.18 of the
Revised Code that requires the person to reimburse | 1627 |
the costs
of the confinement. | 1628 |
(C)
In lieu of requiring offenders to reimburse the
political | 1629 |
subdivision for
expenses incurred by reason of the
person's | 1630 |
confinement pursuant to division
(B) of this section, the board or | 1631 |
boards of county
commissioners, acting
jointly with the judicial | 1632 |
corrections board,
may adopt a prisoner
reimbursement policy for | 1633 |
the community-based
correctional facility under
this
division to | 1634 |
be administered under the direction of the
director of the | 1635 |
facility. The director may appoint a
reimbursement coordinator to | 1636 |
administer
the facility's prisoner
reimbursement policy.
A | 1637 |
prisoner reimbursement policy
adopted
under this division is a | 1638 |
policy that requires a person confined to
the
facility to | 1639 |
reimburse the county or counties for any expenses
it incurs by | 1640 |
reason of the person's confinement in the facility,
which expenses | 1641 |
may
include, but are not limited to, the following: | 1642 |
The reimbursement coordinator or another person designated by | 1666 |
the director may
collect, or the judicial corrections board may | 1667 |
enter into a contract with one
or more public agencies or private | 1668 |
vendors to collect, any amounts remaining
unpaid. Within twelve | 1669 |
months after the date of the confined person's release,
the | 1670 |
prosecuting attorney may file a civil action in the name of the | 1671 |
state in
the court of common pleas of the county in which the | 1672 |
facility is located to
seek reimbursement from that person for any | 1673 |
billing amount that remains
unpaid. No judgment obtained under | 1674 |
this section shall be enforced by means of
execution against the | 1675 |
person's homestead. For purposes of this section,
"homestead" has | 1676 |
the same meaning as in division (A) of section 323.151 of the | 1677 |
Revised Code. Any reimbursement received under this section shall | 1678 |
be credited
to the general fund of the county that bore the | 1679 |
expense, to be used for
general fund purposes. | 1680 |
(D)(1) Notwithstanding any contrary provision in this | 1681 |
section or section
2929.18
or2929.223, 2929.21, 2929.36, or | 1682 |
|
2929.37 of the
Revised Code, the judicial
corrections board may | 1683 |
|
establish a
policy
that complies with section 2929.38 of the | 1684 |
|
Revised Code and that requires any person who is not
indigent and | 1685 |
|
who is
confined in the community-based correctional facility or | 1686 |
|
district
community-based correctional facility to pay a | 1687 |
reasonablereception fee or a fee for
any
medical treatment or | 1688 |
service requested by and provided to that
person.
This
fee shall | 1689 |
not exceed the actual cost of the treatment
or service provided. | 1690 |
No
person confined to a community-based
correctional facility or | 1691 |
district
community-based correctional
facility who is indigent | 1692 |
shall be required to pay
those fees, and
no person confined to any | 1693 |
facility of that type shall be
denied
any necessary medical care | 1694 |
because of inability to pay those fees. | 1695 |
Upon provision of the requested medical treatment or service, | 1696 |
payment of the
required fee may be automatically deducted from a | 1697 |
person's account record in
the facility's business office. If the | 1698 |
person has no funds in the person's
account, a deduction may be | 1699 |
made at a later date during the person's
confinement in the | 1700 |
facility if funds later become available in that person's
account. | 1701 |
If the person is released from the facility and has an unpaid | 1702 |
balance of these fees, the judicial corrections board may bill the | 1703 |
person for
payment of the remaining unpaid fees. Fees received | 1704 |
for medical treatment or
services shall be paid into the | 1705 |
commissary fund, if one has been created for
the facility, or if | 1706 |
no such fund exists, into the county treasury of the
county that | 1707 |
actually paid for the treatment or service. | 1708 |
(E)(D) If a person who has been convicted of or pleaded | 1718 |
|
guilty
to an
offense is confined in a community-based correctional | 1719 |
|
facility or district
community-based correctional facility, at the | 1720 |
|
time of reception and at other
times the person in charge of the | 1721 |
|
operation of the facility determines to be
appropriate, the person | 1722 |
|
in charge of the operation of the facility may cause
the convicted | 1723 |
|
offender to be examined and tested for tuberculosis,
HIV | 1724 |
|
infection, hepatitis, including but not limited to hepatitis
A, B, | 1725 |
|
and C, and other contagious diseases. The
person in charge
of the | 1726 |
|
operation of the facility may cause a convicted offender in the | 1727 |
|
facility who refuses to be tested or treated for tuberculosis, HIV | 1728 |
|
infection, hepatitis, including but not limited to hepatitis A,
B, | 1729 |
|
and C, or another contagious disease to be tested and
treated | 1730 |
|
involuntarily. | 1731 |
| Sec. 2929.18. (A) Except as otherwise provided in this | 1732 |
|
division and in addition to imposing court costs pursuant to | 1733 |
|
section 2947.23
of the Revised Code, the court imposing a sentence | 1734 |
|
upon an offender for a
felony may sentence the offender to any | 1735 |
|
financial sanction or combination of
financial
sanctions | 1736 |
|
authorized under this section or, in the circumstances specified | 1737 |
|
in section 2929.25 of the Revised Code, may impose upon the | 1738 |
offender a fine in accordance with that section.
If the offender | 1739 |
is sentenced
to a sanction of confinement pursuant to section | 1740 |
2929.14 or 2929.16 of the
Revised Code that is to be served in a | 1741 |
facility operated by
a board of county commissioners, a | 1742 |
legislative authority of a municipal
corporation, or another | 1743 |
governmental entity, the court imposing sentence upon
an offender | 1744 |
for a felony shall comply with division
(A)(4)(b) of this section | 1745 |
in determining whether to
sentence the offender to a financial | 1746 |
sanction described in division
(A)(4)(a) of this section. | 1747 |
|
Financial sanctions
that may be imposed pursuant to this section | 1748 |
|
include, but are
not limited to, the following: | 1749 |
| (1) Restitution by the offender to the victim of the | 1750 |
|
offender's crime or any survivor of the victim, in an amount
based | 1751 |
|
on the victim's economic loss. The court shall order that the | 1752 |
|
restitution be made to the adult probation department that serves | 1753 |
|
the county
on behalf of the victim, to the clerk of courts, or to | 1754 |
|
another agency
designated by the court, except that it may include | 1755 |
|
a requirement
that reimbursement be made to third parties for | 1756 |
|
amounts paid to
or on behalf of the victim or any survivor of the | 1757 |
|
victim for economic
loss resulting from the offense. If | 1758 |
|
reimbursement to third parties is
required, the reimbursement | 1759 |
|
shall be made to any governmental
agency to repay any amounts paid | 1760 |
|
by the agency to or on behalf of the
victim or
any survivor of the | 1761 |
|
victim for economic loss resulting from the
offense before any | 1762 |
|
reimbursement is made to any person other than
a governmental | 1763 |
|
agency. If no governmental agency incurred
expenses for economic | 1764 |
|
loss of the victim or any survivor of the
victim resulting from | 1765 |
|
the offense, the reimbursement shall be
made to any person other | 1766 |
|
than a governmental agency to repay
amounts paid by that person to | 1767 |
|
or on behalf of the victim or any
survivor of the
victim for | 1768 |
|
economic loss of the victim resulting from the
offense. The court | 1769 |
|
shall not require an offender to repay an insurance
company for | 1770 |
|
any amounts the company paid on behalf of the offender pursuant to | 1771 |
|
a policy of insurance. At sentencing, the court shall determine | 1772 |
|
the amount of
restitution to be made by the offender. All | 1773 |
|
restitution payments
shall be credited against any recovery of | 1774 |
|
economic loss in a
civil action brought by the victim or any | 1775 |
|
survivor of the victim
against the offender. | 1776 |
(i) Ifif, pursuant to section 307.93, 341.14, 341.19, | 1819 |
|
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised | 1820 |
|
Code
and section 2929.37 of the Revised Code,
the
board, | 1821 |
|
legislative
authority, or other local governmental
entity requires | 1822 |
|
prisoners
convicted of an offense other than a
minor misdemeanor | 1823 |
|
to
reimburse
the county, municipal corporation,
or other entity | 1824 |
|
for
its expenses incurred
by reason of the
prisoner's confinement, | 1825 |
and if the
court
shalldoes not impose a financial
sanction under | 1826 |
division (A)(4)(a)(ii)
of this section
that requires
the offender | 1827 |
to
reimburse the
county, municipal corporation, or
other local | 1828 |
governmental
entity
for the cost of the, confinement
costs may be | 1829 |
|
assessed pursuant to section 2929.37 of the Revised Code. In | 1830 |
|
addition, the offender may be required to pay the fees specified | 1831 |
|
in section 2929.38 of the Revised Code in accordance with that | 1832 |
section.
In addition, the
court may impose
any other financial | 1833 |
sanction
under this section. | 1834 |
(ii) If, pursuant to any section identified in division | 1835 |
(A)(4)(b)(i)
of this section, the board, legislative authority, or | 1836 |
other local governmental
entity has adopted
a resolution or | 1837 |
ordinance specifying that prisoners convicted of felonies are
not | 1838 |
required to reimburse the county, municipal corporation, or other | 1839 |
local
governmental entity
for its expenses incurred by reason of | 1840 |
the prisoner's confinement, the court
shall not impose a financial | 1841 |
sanction under division (A)(4)(a) of this section
that requires | 1842 |
the offender to reimburse the county, municipal corporation, or | 1843 |
other local governmental entity for the cost of the confinement, | 1844 |
but the court
may impose any
other financial sanction under this | 1845 |
section. | 1846 |
| (B)(1) For a first, second, or third degree
felony violation | 1852 |
|
of any provision of Chapter 2925.,
3719., or 4729. of the Revised | 1853 |
|
Code, the
sentencing court shall impose upon the offender a | 1854 |
|
mandatory fine
of at least one-half of, but not more than, the | 1855 |
|
maximum statutory
fine amount authorized for the level of the | 1856 |
|
offense pursuant to
division (A)(3) of this section. If an | 1857 |
|
offender alleges in an affidavit filed
with the court prior
to | 1858 |
|
sentencing that the offender is indigent and unable to pay the | 1859 |
|
mandatory fine and if the court determines the offender is an | 1860 |
|
indigent person and is unable to pay the mandatory fine described | 1861 |
|
in this
division, the court shall not impose the mandatory fine | 1862 |
|
upon the offender. | 1863 |
| (4) Notwithstanding any fine
otherwise authorized or | 1877 |
|
required to be imposed under division
(A)(2) or (3) or (B)(1) of | 1878 |
|
this section or section 2929.31
of the Revised Code for a | 1879 |
|
violation of section 2925.03 of the Revised Code, in
addition to | 1880 |
|
any
penalty or sanction imposed for that offense under section | 1881 |
|
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in | 1882 |
|
addition to the
forfeiture of property in connection with the | 1883 |
|
offense as
prescribed in sections 2925.42 to 2925.45 of the | 1884 |
|
Revised Code, the court that sentences
an offender for a violation | 1885 |
|
of section 2925.03 of
the Revised Code may impose upon the | 1886 |
|
offender a fine in addition to any fine imposed under division | 1887 |
|
(A)(2) or (3) of this section
and in addition to any mandatory | 1888 |
|
fine imposed under division
(B)(1) of this section. The fine | 1889 |
|
imposed under division
(B)(4) of this section shall be used as | 1890 |
|
provided in division
(H) of section 2925.03 of the Revised Code.
A | 1891 |
|
fine
imposed under division (B)(4) of this section shall not | 1892 |
|
exceed
whichever of the following is applicable: | 1893 |
| (6) If the sum total of a mandatory fine amount imposed
for | 1921 |
|
a first, second, or third degree felony violation of section | 1922 |
|
2925.03
of the Revised Code under division
(B)(1) of this section | 1923 |
|
plus the
amount of any fine imposed under division
(B)(4) of this | 1924 |
|
section does not
exceed the maximum statutory fine amount | 1925 |
|
authorized for the
level of the offense under division (A)(3) of | 1926 |
|
this section or
section 2929.31 of the Revised Code, the court may | 1927 |
|
impose a
fine for the offense in addition to the mandatory fine | 1928 |
|
and the
fine imposed under division (B)(4) of this section. The | 1929 |
|
sum total of the amounts of the mandatory fine, the fine imposed | 1930 |
|
under division (B)(4) of this
section, and the additional fine | 1931 |
|
imposed under division
(B)(6) of this section shall
not exceed the | 1932 |
|
maximum statutory fine amount authorized for the
level of the | 1933 |
|
offense under division (A)(3) of this section or
section 2929.31 | 1934 |
|
of the Revised Code. The clerk of the court
shall pay any fine | 1935 |
|
that is imposed under division
(B)(6) of this section to the | 1936 |
|
county, township, municipal
corporation, park district as
created | 1937 |
|
pursuant to section 511.18 or 1545.04 of the
Revised Code, or | 1938 |
|
state law enforcement
agencies in this state that primarily were | 1939 |
|
responsible for or
involved in making the arrest of, and in | 1940 |
|
prosecuting, the
offender pursuant to division (F) of section | 1941 |
|
2925.03 of the
Revised Code. | 1942 |
| (2) Except as provided in section 2951.021 of the Revised | 1963 |
|
Code, the offender
shall pay reimbursements imposed upon the | 1964 |
|
offender pursuant to division
(A)(4)(a) of this
section to pay the | 1965 |
|
costs incurred by a county pursuant to any
sanction imposed under | 1966 |
|
this section or section 2929.16 or 2929.17
of the Revised Code or | 1967 |
|
in operating a facility
used to confine offenders pursuant to a | 1968 |
|
sanction imposed under
section 2929.16 of the Revised Code to the | 1969 |
|
county
treasurer. The county treasurer shall deposit the | 1970 |
|
reimbursements in the sanction cost reimbursement fund that each | 1971 |
|
board of county commissioners shall create in its county
treasury. | 1972 |
|
The county shall use the amounts deposited in the fund
to pay the | 1973 |
|
costs incurred by the county pursuant to any sanction
imposed | 1974 |
|
under this section or section 2929.16 or 2929.17 of the
Revised | 1975 |
|
Code or in operating a facility used to
confine offenders pursuant | 1976 |
|
to a sanction imposed under section
2929.16 of the Revised Code. | 1977 |
| (3) Except as provided in section 2951.021 of the Revised | 1978 |
|
Code, the offender
shall pay reimbursements imposed upon the | 1979 |
|
offender pursuant to division
(A)(4)(a) of this
section to pay the | 1980 |
|
costs incurred by a municipal corporation
pursuant to any sanction | 1981 |
|
imposed under this section or section
2929.16 or 2929.17 of the | 1982 |
|
Revised Code or in
operating a facility used to confine offenders | 1983 |
|
pursuant to a
sanction imposed under section 2929.16 of the | 1984 |
|
Revised
Code to the treasurer of the municipal
corporation. The | 1985 |
|
treasurer shall deposit the reimbursements
in a special fund that | 1986 |
|
shall be established in the
treasury of each municipal | 1987 |
|
corporation. The municipal
corporation shall use the amounts | 1988 |
|
deposited in the fund to pay
the costs incurred by the municipal | 1989 |
|
corporation pursuant to any
sanction imposed under this section or | 1990 |
|
section 2929.16 or 2929.17
of the Revised Code or in operating a | 1991 |
|
facility
used to confine offenders pursuant to a sanction imposed | 1992 |
|
under
section 2929.16 of the Revised Code. | 1993 |
| (D) A financial sanction imposed pursuant to division (A) or | 1999 |
|
(B) of this section is a judgment in favor of the state or a | 2000 |
|
political subdivision in which the court that imposed the | 2001 |
|
financial
sanction is located, except that a financial sanction of | 2002 |
|
reimbursement imposed pursuant to division
(A)(4)(a)(ii) of this | 2003 |
|
section upon an
offender who is incarcerated in a state facility | 2004 |
|
or a municipal
jail is a judgment in favor of the state or the | 2005 |
|
municipal
corporation, a financial sanction of reimbursement | 2006 |
|
imposed upon an
offender pursuant to this section for costs | 2007 |
|
incurred by a private provider of
sanctions is a judgment in favor | 2008 |
|
of the private provider, and a
financial sanction of restitution | 2009 |
|
imposed
pursuant to this section is a judgment in favor of the | 2010 |
|
victim of
the offender's criminal act. The offender subject to | 2011 |
|
the sanction is the
judgment debtor. Imposition of a financial | 2012 |
|
sanction and execution on the
judgment does not preclude any other | 2013 |
|
power of the court to impose or enforce
sanctions on the offender. | 2014 |
|
Once the financial sanction is
imposed as a judgment, the victim, | 2015 |
|
private provider, state, or
political subdivision may bring an | 2016 |
|
action to do any of the following: | 2017 |
| Sec. 2929.19. (A)(1) The court shall hold a sentencing | 2064 |
|
hearing
before imposing a sentence
under this chapter upon an | 2065 |
|
offender who was convicted of or
pleaded guilty to a felony and | 2066 |
|
before resentencing an offender
who was convicted of or pleaded | 2067 |
|
guilty to a felony and whose case
was remanded pursuant to section | 2068 |
|
2953.07 or 2953.08 of the Revised
Code. At the hearing, the | 2069 |
|
offender, the prosecuting attorney, the victim or
the victim's | 2070 |
|
representative in accordance with section 2930.14 of
the Revised | 2071 |
|
Code, and, with the approval of the
court, any other person may | 2072 |
|
present information relevant to the
imposition of sentence in the | 2073 |
|
case. The court shall inform the
offender of the verdict of the | 2074 |
|
jury or finding of the court and
ask the offender whether the | 2075 |
|
offender has anything to say as to why
sentence should not be | 2076 |
|
imposed upon the offender. | 2077 |
| (2) Except as otherwise provided in this division, before | 2078 |
|
imposing sentence on an offender who is being
sentenced for a | 2079 |
|
sexually oriented offense that was committed on or after
January | 2080 |
|
1, 1997,
and that is not a sexually violent offense,
and before | 2081 |
|
imposing sentence on an offender who is being sentenced for a | 2082 |
|
sexually violent offense committed on or after January 1,
1997, | 2083 |
|
and who was not
charged with a sexually violent
predator | 2084 |
|
specification in the indictment, count in the indictment, or | 2085 |
|
information charging the sexually violent offense, the court shall | 2086 |
|
conduct a
hearing in accordance with division (B)
of section | 2087 |
|
2950.09 of the Revised Code to
determine whether the offender is a | 2088 |
|
sexual predator. The court shall not
conduct a hearing under that | 2089 |
|
division if the offender is being sentenced for a
sexually violent | 2090 |
|
offense and a sexually violent predator specification was
included | 2091 |
|
in the
indictment, count in the indictment, or information | 2092 |
|
charging the
sexually violent offense. Before imposing sentence | 2093 |
|
on an
offender who is being sentenced for a sexually oriented | 2094 |
|
offense,
the court also shall comply with division (E) of section | 2095 |
|
2950.09 of
the Revised Code. | 2096 |
| (a) Unless the offense is a sexually violent offense for | 2107 |
|
which
the court is required to impose sentence pursuant to | 2108 |
|
division (G) of
section 2929.14 of the Revised Code, if it imposes | 2109 |
|
a prison term for a felony
of the fourth or fifth degree or for a | 2110 |
|
felony drug
offense that is a violation of a provision of
Chapter | 2111 |
|
2925. of the Revised Code and that is specified as
being subject | 2112 |
|
to division (B)
of section 2929.13 of the Revised Code for | 2113 |
|
purposes of
sentencing, its reasons for imposing the prison term, | 2114 |
|
based upon the overriding purposes and principles of felony | 2115 |
|
sentencing set
forth in section 2929.11 of the Revised Code, and | 2116 |
|
any factors
listed in divisions (B)(1)(a) to (i) of section | 2117 |
|
2929.13 of
the Revised
Code that it found to apply relative to the | 2118 |
|
offender. | 2119 |
| (4) If the offender is being sentenced for a sexually | 2176 |
|
violent offense
that the offender committed on or after January 1, | 2177 |
|
1997,
and the offender also is convicted of or pleads guilty to a | 2178 |
|
sexually
violent predator specification that was included in the | 2179 |
|
indictment, count in
the indictment, or information charging the | 2180 |
|
sexually violent offense or if the
offender is being sentenced for | 2181 |
|
a sexually oriented offense that the offender
committed on or | 2182 |
|
after
January 1, 1997, and the court
imposing the sentence has | 2183 |
|
determined pursuant to division (B) of
section 2950.09 of
the | 2184 |
|
Revised Code that the offender is a sexual predator, the
court | 2185 |
|
shall include in the offender's sentence a statement that
the | 2186 |
|
offender has been adjudicated as being a sexual predator and shall | 2187 |
|
comply with the requirements of section 2950.03 of the Revised | 2188 |
|
Code. Additionally, in the circumstances described in division | 2189 |
|
(G) of section 2929.14 of the Revised Code, the court shall impose | 2190 |
|
sentence on
the offender as described in that division. | 2191 |
| (5) If the sentencing court determines at the
sentencing | 2192 |
|
hearing that a community control sanction should be
imposed and | 2193 |
|
the court is not prohibited from imposing a community control | 2194 |
|
sanction, the court shall impose a community control sanction.
The | 2195 |
|
court shall notify the offender that, if the conditions of the | 2196 |
|
sanction are violated, if
the offender commits a violation of any | 2197 |
|
law, or if the offender leaves this
state without the permission | 2198 |
|
of the court or the offender's probation
officer, the court
may | 2199 |
|
impose a longer time under
the same sanction, may impose a more | 2200 |
|
restrictive sanction, or may
impose a prison term on the offender | 2201 |
|
and shall indicate the
specific prison term that may be imposed as | 2202 |
|
a sanction for the
violation, as selected by the court from the | 2203 |
|
range of prison
terms for the offense pursuant to section 2929.14 | 2204 |
|
of the
Revised Code. | 2205 |
| (7) If the sentencing court sentences the offender to a | 2210 |
|
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 2211 |
|
the Revised Code that is to be served in a local detention | 2212 |
|
facility, as defined in section 2929.35 of the Revised Code, and | 2213 |
|
if the local detention facility is covered by a policy adopted | 2214 |
|
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, | 2215 |
|
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code | 2216 |
|
and section 2929.37 of the Revised Code, both of the following | 2217 |
|
apply: | 2218 |
| (E) The court may require a person who is convicted of or | 2294 |
|
pleads guilty to a misdemeanor to make restitution for all or
part | 2295 |
|
of the property damage that is caused by the offense
and for all | 2296 |
|
or part of the value of the property that is the subject of
any | 2297 |
|
theft offense, as defined in division (K) of section 2913.01
of | 2298 |
|
the Revised Code, that the person committed. If the court | 2299 |
|
determines that the victim of the offense was sixty-five years of | 2300 |
|
age or older or permanently or totally disabled at the time of
the | 2301 |
|
commission of the offense, the court, regardless of whether
the | 2302 |
|
offender knew the age of victim, shall consider this fact in
favor | 2303 |
|
of imposing restitution, but this fact shall not control
the | 2304 |
|
decision of the court. | 2305 |
| (2) If a person is sentenced to a term of imprisonment | 2317 |
|
pursuant to this section that is to be served in a local detention | 2318 |
|
facility, as defined in section 2929.35 of the Revised Code, the | 2319 |
|
court may impose as part of the sentence pursuant to section | 2320 |
|
2929.36 of the Revised Code a reimbursement sanction, and,
if
the | 2321 |
|
local detention facility is covered by a policy adopted
pursuant | 2322 |
|
to section 307.93, 341.14, 341.19, 341.21, 341.23,
753.02, 753.04, | 2323 |
|
753.16, 2301.56, or 2947.19 of the Revised Code
and section | 2324 |
|
2929.37 of the Revised Code, both of the following
apply: | 2325 |
| (G) If an offender is being sentenced
for a sexually | 2340 |
oriented offense that is a misdemeanor committed on or after
the | 2341 |
effective date of this amendmentJanuary1,
1997, and if the
judge | 2342 |
|
imposing sentence for the
sexually oriented offense determines | 2343 |
|
pursuant to division (B) of
section 2950.09 of the Revised
Code | 2344 |
|
that the offender is a sexual predator, the judge
shall include in | 2345 |
|
the offender's sentence a statement that the offender has
been | 2346 |
|
adjudicated as being a sexual predator, shall comply with the | 2347 |
|
requirements of section 2950.03 of
the Revised Code, and shall | 2348 |
|
require the offender to submit
to a DNA specimen collection | 2349 |
|
procedure pursuant to
section 2901.07 of the Revised Code. | 2350 |
| (I) If an offender is being sentenced
for a sexually | 2360 |
oriented offense that is a misdemeanor committed on or after
the | 2361 |
effective date of this amendmentJanuary1, 1997, the judge shall | 2362 |
|
include in the sentence
a summary of the offender's duty to | 2363 |
|
register pursuant to section 2950.04 of
the Revised Code,
the | 2364 |
|
offender's duty to provide notice of a change in residence address | 2365 |
|
and
register the new residence address pursuant to section 2950.05 | 2366 |
|
of the
Revised Code,
the offender's duty to periodically verify | 2367 |
|
the offender's current residence
address pursuant to section | 2368 |
|
2950.06 of the
Revised Code,
and the duration of the duties. The | 2369 |
|
judge shall inform the offender, at the
time of sentencing, of | 2370 |
|
those duties and of their duration and, if required
under division | 2371 |
|
(A)(2) of section 2950.03 of
the Revised Code, shall perform the | 2372 |
|
duties specified in
that section. | 2373 |
| Sec. 2929.36. (A) In addition to or in lieu of any fine or | 2403 |
|
other sanction imposed pursuant to section 2929.21 of the Revised | 2404 |
|
Code, the court imposing a sentence upon an
offender
for a | 2405 |
|
misdemeanor may
sentence the offender to a
sanction that requires | 2406 |
|
the offender to reimburse the government for all or part of the | 2407 |
|
costs of confinement in a local detention facility under a term of | 2408 |
| imprisonment imposed under that section, including, but
not | 2409 |
| limited to, a per
diem fee for room
and board, the costs of | 2410 |
|
medical and dental
treatment, and the costs of repairing property | 2411 |
|
damaged by the
offender while confined.
The court shall include | 2412 |
|
the reimbursement sanction in the offender's sentence. | 2413 |
| (2) Permit payment of all or any portion of the sanction in | 2489 |
|
installments, by financial transaction device if the court is a | 2490 |
| county court or a municipal court operated by a county, by credit | 2491 |
| or debit card or by another electronic
transfer if the court is a | 2492 |
| municipal court not operated by a county,
or by any other | 2493 |
| reasonable method, in any time, and on
any terms
that court | 2494 |
| considers just, except that the maximum time
permitted
for payment | 2495 |
| shall not exceed five years. If the court is a county court or a | 2496 |
| municipal court operated by a county, the acceptance of payments | 2497 |
| by any financial transaction device shall be governed by the | 2498 |
| policy adopted by the board of county commissioners of the county | 2499 |
| pursuant to section 301.28 of the Revised Code. If the court is a | 2500 |
| municipal court not operated by a county, the clerk may
pay any | 2501 |
|
fee associated with processing an electronic transfer out
of | 2502 |
|
public money or may charge the fee to the offender. | 2503 |
| Sec. 2929.37. (A) A board of county commissioners, in an | 2513 |
|
agreement with the sheriff, a legislative authority of a municipal | 2514 |
|
corporation, a corrections commission, a judicial corrections | 2515 |
|
board, or any other public or private entity that operates a
local | 2516 |
|
detention facility at which a prisoner who is convicted of an | 2517 |
|
offense and who is confined in the facility under a
sanction or | 2518 |
| term of imprisonment imposed under section 2929.16 or
2929.21 of | 2519 |
| the Revised Code may adopt,
pursuant to section 307.93,
341.14, | 2520 |
| 341.19, 341.21, 341.23, 753.02, 753.04,
753.16, 2301.56,
or | 2521 |
|
2947.19 of the Revised Code, a policy that requires the
prisoner | 2522 |
| to pay all or part of the
costs of
confinement in that
facility. | 2523 |
|
If a board of county commissioners, legislative authority, | 2524 |
| corrections commission, judicial corrections board, or other | 2525 |
| entity adopts a policy for a facility pursuant to one of those | 2526 |
| sections, the person in charge of that facility shall appoint a | 2527 |
| reimbursement coordinator to administer the facility's policy. | 2528 |
| The costs of confinement may include, but are not limited to, | 2529 |
|
the costs of
repairing property damaged by the prisoner while | 2530 |
|
confined, a per diem
fee for room and board, medical and dental | 2531 |
|
treatment costs, the fee for a random drug test assessed under | 2532 |
|
division (E) of
section 341.26 and division (E) of section 753.33 | 2533 |
|
of the Revised
Code, and a one-time reception fee for the costs of | 2534 |
|
processing the prisoner into the facility at the time
of the | 2535 |
| prisoner's initial entry into the facility under the
confinement | 2536 |
| in question,
minus any fees deducted under
section
2929.38 of the | 2537 |
| Revised Code.
Any
policy adopted under this section
shall be
used | 2538 |
| when a court
does
not order reimbursement of
confinement costs | 2539 |
| under
section
2929.18
or 2929.36 of the Revised
Code. The
amount | 2540 |
| assessed under this
section shall
not exceed the
total amount that | 2541 |
| the
prisoner is able
to pay. | 2542 |
| (B)(1) Each prisoner covered by a repayment policy adopted | 2543 |
|
as described in division (A) of this
section shall receive at the | 2544 |
|
end of the prisoner's confinement an itemized bill of the
expenses | 2545 |
|
to be reimbursed. The policy
shall allow periodic
payments on a | 2546 |
|
schedule to be implemented upon
a prisoner's
release. The bill | 2547 |
|
also shall state that
payment shall be made
to the
person | 2548 |
|
identified in the bill as the reimbursement coordinator and | 2549 |
|
include
a notice that specifies that the prisoner has thirty
days | 2550 |
|
in which
to
dispute the
bill by filing a written objection with | 2551 |
|
the reimbursement coordinator and that if the prisoner does not | 2552 |
|
dispute the bill in that manner within that period, the
prisoner | 2553 |
|
is required to pay the bill and a certificate of
judgment may be | 2554 |
|
obtained against the prisoner for the amount of
the unpaid | 2555 |
|
expenses. The prisoner shall
sign a copy of the
bill, and the | 2556 |
|
reimbursement coordinator shall
retain that
copy. If the | 2557 |
|
prisoner disputes an item on the
bill
within
thirty
days after | 2558 |
|
receiving the bill, the reimbursement coordinator may
either | 2559 |
|
concede
the disputed item or proceed to a hearing under
division | 2560 |
|
(B)(2) of
this section. | 2561 |
|
(2) If the prisoner disputes an item on an itemized bill | 2562 |
|
presented
to the prisoner under division (B)(1) of this section | 2563 |
|
and the
reimbursement coordinator does not concede the item, the | 2564 |
|
reimbursement coordinator shall submit the bill
to the court, and | 2565 |
|
the court shall hold a hearing on the disputed
items in the bill. | 2566 |
|
At the end of the hearing, the court shall
determine how much of | 2567 |
|
the disputed expenses the prisoner shall
reimburse the legislative | 2568 |
|
authority or managing authority and
shall issue a judgment in | 2569 |
|
favor of the legislative authority or
managing authority for any | 2570 |
|
undisputed expenses and the amount of
the disputed expenses for | 2571 |
|
which the prisoner must reimburse the
legislative authority or | 2572 |
|
managing authority. The reimbursement coordinator shall not
seek | 2573 |
|
to enforce the judgment until at least ninety days after the
court | 2574 |
|
issues the judgment. | 2575 |
|
(C) If a prisoner does not dispute the itemized bill | 2576 |
|
presented to the prisoner
under division (B) of this section and | 2577 |
|
does not pay the bill within ninety days, the
reimbursement | 2578 |
|
coordinator shall
send by mail a notice
to the
prisoner | 2579 |
|
requesting
payment of the
expenses as stated in the bill.
If the | 2580 |
|
prisoner does not
respond to the notice by
paying the
expenses in | 2581 |
|
full within thirty
days of the date the
notice was mailed, the | 2582 |
|
reimbursement coordinator shall send by
mail a second
notice to | 2583 |
|
the prisoner requesting payment of the
expenses. If
one hundred | 2584 |
|
eighty days elapse
from the date that
the reimbursement | 2585 |
|
coordinator provides the bill and if
the
prisoner has not paid the | 2586 |
|
full amount of
the expenses pursuant
to
the bill and the notices, | 2587 |
|
the reimbursement
coordinator may notify the clerk of the | 2588 |
|
appropriate court of those
facts, and the clerk may issue a | 2589 |
|
certificate of judgment against
the prisoner
for the balance of | 2590 |
|
the expenses remaining unpaid. | 2591 |
| Sec. 2929.38. (A) A board of commissioners of a county, in | 2608 |
|
an agreement
with
the sheriff, a legislative authority of a | 2609 |
|
municipal
corporation, a
corrections commission, a judicial | 2610 |
|
corrections
board, or any other
public or private entity that | 2611 |
|
operates a
local detention facility
described in division (A) of | 2612 |
|
section 2929.37 of the Revised Code,
may establish a policy
that | 2613 |
|
requires any prisoner who is confined in
the facility as a
result | 2614 |
|
of pleading guilty
to or
having been convicted of an offense
to | 2615 |
|
pay a one-time reception fee for the costs of processing the | 2616 |
|
prisoner into the facility at the time of the prisoner's initial | 2617 |
|
entry into the facility under the confinement in question, to pay | 2618 |
|
a reasonable fee for
any medical or dental
treatment or service | 2619 |
|
requested by and
provided to that prisoner, and to pay the fee for | 2620 |
|
a random drug
test assessed under division (E) of section 341.26, | 2621 |
|
and division
(E) of section 753.33 of the Revised Code.
The fee | 2622 |
|
for the
medical treatment or service shall not exceed the actual | 2623 |
|
cost of
the treatment or
service provided. No prisoner
confined | 2624 |
|
in
the local detention facility shall be denied any
necessary | 2625 |
|
medical care
because of inability to pay the fees. | 2626 |
| (B) Upon assessment of a one-time reception fee as described | 2627 |
|
in division (A) of this section, the provision of the requested | 2628 |
|
medical treatment or service, or the assessment of a fee for a | 2629 |
|
random
drug test, payment of the required fee may be automatically | 2630 |
|
deducted from
the prisoner's inmate
account in the business office | 2631 |
|
of the local detention facility in
which the prisoner
is confined. | 2632 |
|
If there is no
money in the
account, a deduction may
be made at a | 2633 |
|
later date
during the
prisoner's confinement if the
money becomes | 2634 |
|
available in
the
account. If, after release, the
prisoner has an | 2635 |
|
unpaid balance
of
those fees, the sheriff,
legislative authority | 2636 |
|
of the municipal
corporation, corrections
commission, judicial | 2637 |
|
corrections board,
or other entity that operates the local | 2638 |
|
detention
facility described in
division (A) of section 2929.37 | 2639 |
|
of the Revised Code may bill the
prisoner for the payment
of the | 2640 |
|
unpaid fees. Fees received for
medical or
dental treatment
or | 2641 |
|
services shall be paid to the
commissary fund, if one exists
for | 2642 |
|
the facility, or if no
commissary
fund exists, to the general
fund | 2643 |
|
of the treasury of the
political
subdivision that incurred
the | 2644 |
|
expenses, in the same
proportion as
those expenses were borne
by | 2645 |
|
the political
subdivision. | 2646 |
| Sec. 2947.19. (A) In a county that has no workhouse but in | 2701 |
|
which is located
a city that has a workhouse maintained by the | 2702 |
|
city, the board of county commissioners may agree with the proper | 2703 |
|
authorities of that city upon terms under which persons convicted | 2704 |
|
of misdemeanors shall be maintained in the city workhouse at the | 2705 |
|
expense of the county. In the case of persons committed to the | 2706 |
|
city workhouse for the violation of a law of this state, whether | 2707 |
|
the commitment is from the court of common pleas, magistrate's | 2708 |
|
court, or other court, the cost of maintaining those persons | 2709 |
|
committed shall be paid out of the general fund of the county, on | 2710 |
|
the allowance of the board of county commissioners, provided that | 2711 |
|
all persons committed to the city workhouse for the violation of | 2712 |
|
ordinances of the city shall be maintained in that workhouse at | 2713 |
|
the sole cost of the city. | 2714 |
(B)(1) ThePursuant to section 2929.37 of the Revised Code, | 2715 |
|
the board of county commissioners or the legislative
authority of | 2716 |
|
the city may require a person who was convicted of
an offense and | 2717 |
|
who is confined in
the city workhouse as provided in division (A) | 2718 |
|
of this section
to reimburse the county or the city, as the case | 2719 |
|
may be, for its
expenses incurred by reason of the person's | 2720 |
confinement, including, but
not limited to, the expenses relating | 2721 |
to the provision of food,
clothing, shelter,
medical care, | 2722 |
personal hygiene products, including, but not
limited to, | 2723 |
toothpaste, toothbrushes, and feminine hygiene items,
and up to | 2724 |
two hours of overtime costs the sheriff or municipal corporation | 2725 |
incurred relating to the trial of the person. The amount of | 2726 |
reimbursement
may be the actual cost of the prisoner's confinement | 2727 |
plus the authorized trial
overtime costs or a lesser amount | 2728 |
determined by the board of county
commissioners for the county or | 2729 |
the legislative authority of the city,
provided that the lesser | 2730 |
amount shall be determined by a formula that is
uniformly applied | 2731 |
to persons incarcerated in the
workhouse. The court shall | 2732 |
determine the amount of reimbursement
at a hearing held pursuant | 2733 |
to section 2929.18 of the Revised Code if the person is confined | 2734 |
for a felony
or section 2929.223 of the Revised Code if the person | 2735 |
is confined for a
misdemeanor. The
amount or amounts paid in | 2736 |
reimbursement by a
prisoner confined for a misdemeanor or the | 2737 |
amount recovered from a
prisoner confined for a misdemeanor by | 2738 |
executing upon the judgment obtained
pursuant to section 2929.223 | 2739 |
of the Revised Code shall be paid into the
treasury of the county | 2740 |
or city that incurred the expenses. If a person is
convicted of | 2741 |
|
or pleads guilty to a felony and the court imposes a sanction
that | 2742 |
|
requires the offender to serve a term in a city workhouse, | 2743 |
|
sections
341.23, 753.02, 753.04, and 753.16 of the Revised Code | 2744 |
|
govern the
determination of whether the court may impose a | 2745 |
|
sanction under section 2929.18
of the Revised Code that requires | 2746 |
the offender to reimburse the expenses of
confinement.
If a person | 2747 |
is
confined for a felony and the court imposes a sanction
under | 2748 |
section 2929.18 of the Revised
Code that requires the offender to | 2749 |
reimburse
the costs of confinement, the prosecuting attorney of | 2750 |
the county or city
director of law shall bring an action to | 2751 |
recover the expenses of confinement
in accordance with section | 2752 |
2929.18 of the Revised Code. | 2753 |
(2) The board of county commissioners or the legislative | 2754 |
authority of the city may adopt a resolution or ordinance | 2755 |
specifying that a
person who is convicted of a felony and who is | 2756 |
confined in the city workhouse
as provided in division (A) of this | 2757 |
section is
not required to reimburse the county or city, as the | 2758 |
case may be, for its
expenses incurred by reason of the person's | 2759 |
confinement, including the
expenses listed in division (B)(1) of | 2760 |
this section. If
the board or legislative authority adopts a | 2761 |
resolution or ordinance of that
nature, the court that sentences a | 2762 |
person convicted of a felony shall not
impose a sanction under | 2763 |
section 2929.18 of the Revised
Code that requires the person to | 2764 |
reimburse the costs of the
confinement. | 2765 |
(C)
In lieu of requiring offenders to reimburse the
county
or | 2766 |
the city for expenses incurred by reason of the person's | 2767 |
confinement
under division (A) of this section, the board
of | 2768 |
county commissioners or the legislative authority of the city may | 2769 |
adopt a
prisoner reimbursement policy for the city workhouse under | 2770 |
this division. The
workhouse
administrator may appoint a | 2771 |
reimbursement coordinator to
administer
the prisoner reimbursement | 2772 |
policy.
A prisoner
reimbursement policy adopted
under this | 2773 |
division is a policy that
requires a person confined to the | 2774 |
workhouse to reimburse the
county or city for any expenses it | 2775 |
incurs by reason
of the
person's confinement in the workhouse, | 2776 |
which expenses may include,
but
are not limited to, the following: | 2777 |
The reimbursement coordinator or another person designated by | 2800 |
the workhouse
administrator may collect, or the board of county | 2801 |
commissioners or the
legislative authority of the city may enter | 2802 |
into a contract with one or more
public agencies or private | 2803 |
vendors to collect, any amounts remaining unpaid.
Within twelve | 2804 |
months after the date of the confined person's release, the | 2805 |
prosecuting attorney or city director of law may file a civil | 2806 |
action to seek
reimbursement from that person for any billing | 2807 |
amount that remains unpaid. The county or city shall not enforce | 2808 |
any judgment
obtained under this section by means of execution | 2809 |
against the person's
homestead. For purposes of this section, | 2810 |
"homestead" has the same meaning as
in division (A) of section | 2811 |
323.151 of the Revised Code. Any reimbursement
received under | 2812 |
this section shall be credited to the general
fund of the county | 2813 |
or city that bore the expense, to be used for general fund | 2814 |
purposes. | 2815 |
(D)(1) Notwithstanding any contrary provision in this | 2816 |
section or section
2929.18
or 2929.223, 2929.21, 2929.36, or | 2817 |
|
2929.37 of
the Revised Code,
the board of county commissioners or | 2818 |
|
the
legislative authority of the city may
establish a policy
that | 2819 |
|
complies with section 2929.38 of the Revised Code and that | 2820 |
|
requires
any person who is not indigent and who is
confined in the | 2821 |
city
workhouse to pay a
reasonablereception fee or a fee for any | 2822 |
|
medical
treatment
or service requested by and provided to that | 2823 |
person.
This fee
shall
not exceed the actual cost of the treatment | 2824 |
or
service
provided. No person confined to a city workhouse who | 2825 |
is indigent
shall be required to pay those fees, and no person | 2826 |
confined to a
city
workhouse shall be denied any necessary medical | 2827 |
care because
of inability to
pay those fees. | 2828 |
Upon provision of the requested medical treatment or service, | 2829 |
payment of
the required fee may be automatically deducted from a | 2830 |
person's account record
in the workhouse's business office. If | 2831 |
the person has no funds in the
person's account, a deduction may | 2832 |
be made at a later date during the person's
confinement in the | 2833 |
workhouse if funds later become available in the person's
account. | 2834 |
If the person is released from the workhouse and has an unpaid | 2835 |
balance of these fees, the board of county commissioners or the | 2836 |
legislative
authority may bill the person for payment of the | 2837 |
remaining unpaid fees. Fees
received for medical treatment or | 2838 |
services shall be paid into the commissary
fund, if one has been | 2839 |
created for the workhouse, or if no commissary fund
exists, into | 2840 |
the county or city treasury. | 2841 |
(E)(D) If a person who has been convicted of or pleaded | 2850 |
|
guilty
to an
offense is confined in the workhouse as provided in | 2851 |
|
division
(A) of
this section, at the time of reception and at | 2852 |
|
other times
the person in charge
of the operation of the workhouse | 2853 |
|
determines
to be appropriate, the person in
charge of the | 2854 |
|
operation of the
workhouse may cause the convicted offender to
be | 2855 |
|
examined and
tested for tuberculosis, HIV infection, hepatitis, | 2856 |
|
including but
not limited to hepatitis A, B, and C,
and other | 2857 |
|
contagious
diseases. The person in charge of the operation of the | 2858 |
|
workhouse
may cause a convicted offender in the workhouse who | 2859 |
|
refuses to be
tested or
treated for tuberculosis, HIV infection, | 2860 |
|
hepatitis,
including but
not limited to hepatitis A, B, and C, or | 2861 |
|
another
contagious
disease to be tested and treated involuntarily. | 2862 |
| (B) Unless the court, in accordance with division (C) of | 2882 |
|
this section, enters in the record of the case a different method | 2883 |
|
of assigning a payment toward the satisfaction of costs, | 2884 |
|
restitution, a fine, or supervision fees, if a person who is | 2885 |
|
charged with a misdemeanor is convicted of or pleads guilty
to the | 2886 |
|
offense, if the court orders the offender to pay any
combination | 2887 |
|
of costs, restitution, a fine, or supervision fees, and
if the | 2888 |
|
offender makes any payment to a clerk of court toward the | 2889 |
|
satisfaction of the costs, restitution, fine, or supervision fees, | 2890 |
|
the clerk of the court shall assign the offender's payment so
made | 2891 |
|
toward the satisfaction of the costs, restitution, fine, or | 2892 |
|
supervision fees in the following manner: | 2893 |
| (C) If a person who is charged with a misdemeanor is | 2916 |
|
convicted of or pleads guilty to the offense and if the court | 2917 |
|
orders the offender to pay any combination of costs, restitution, | 2918 |
|
a fine, or supervision fees, the court, at the time it orders
the | 2919 |
|
offender to pay the combination of costs, restitution, a fine, or | 2920 |
|
supervision fees, may prescribe a method of assigning
payments | 2921 |
|
that the person makes toward the satisfaction of the costs, | 2922 |
|
restitution, fine, or supervision fees that differs from the | 2923 |
|
method set forth in division (B) of this section. If the court | 2924 |
|
prescribes a method of assigning payments under this division,
the | 2925 |
|
court shall enter in the record of the case the method so | 2926 |
|
prescribed. Upon the entry in the record of the case of the | 2927 |
|
method of assigning payments prescribed pursuant to this
division, | 2928 |
|
if the offender makes any payment to a clerk of court
for the | 2929 |
|
costs, restitution, fine, or supervision fees, the
clerk of the | 2930 |
|
court shall assign the payment so made toward the
satisfaction of | 2931 |
|
the costs, restitution, fine, or supervision
fees
in the manner | 2932 |
|
prescribed by the court and entered in the record
of the case | 2933 |
|
instead of in the manner set forth in division (B) of
this | 2934 |
|
section. | 2935 |
| (B) The department of rehabilitation
and correction may | 2980 |
|
recover from an offender who is in its custody or under its | 2981 |
|
supervision any cost debt described in division
(D) of this | 2982 |
|
section. To satisfy a cost debt
described in that division that | 2983 |
|
relates to an offender, the department may
apply directly assets | 2984 |
|
that are
in the department's possession and that are being held | 2985 |
|
for that offender
without
further proceedings in aid of execution, | 2986 |
|
and, if assets belonging to or
subject to
the direction of that | 2987 |
|
offender are in the possession of a third party, the
department | 2988 |
|
may request the attorney general to initiate proceedings to | 2989 |
|
collect
the assets from the third party to satisfy the cost debt. | 2990 |
| (B) If, pursuant to division (A) of this section, it is | 3090 |
|
determined that the offender is covered under an individual or | 3091 |
|
group sickness and accident insurance policy or an individual or | 3092 |
|
group health insuring corporation policy, contract,
or agreement | 3093 |
|
and if, while that coverage is in force, the department
renders or | 3094 |
|
arranges for the rendering of health care services to
the person | 3095 |
|
in accordance with the terms and conditions of the
policy, | 3096 |
|
contract, or agreement, the department or
provider of the
health | 3097 |
|
care services, as appropriate under the
terms and
conditions of | 3098 |
|
the policy, contract, or agreement, may
submit a
claim for | 3099 |
|
payment for the health care services
to the appropriate | 3100 |
|
third-party payer. If the policy holder is the offender, the | 3101 |
|
offender shall be required to assign payment of benefits directly | 3102 |
|
to the provider or department, as appropriate. If the policy | 3103 |
|
holder is not the offender, the policy holder shall be asked to | 3104 |
|
voluntarily provide policy information and assign payments | 3105 |
|
directly to the provider or department, as appropriate. The | 3106 |
|
department shall provide the third-party payer with a copy of the | 3107 |
|
assignment of benefits by the policy holder. The policy holder | 3108 |
|
and the third-party payer shall make all arrangements necessary to | 3109 |
|
ensure that payment of any amount due on the claim is made to the | 3110 |
|
provider or department as specified in the assignment. The | 3111 |
|
department shall remain ultimately responsible for payment of all | 3112 |
|
health care services provided to an offender in the custody or | 3113 |
|
under the supervision of the department but shall be the payer of | 3114 |
|
last resort. If the department pays a provider for health care | 3115 |
|
services rendered to an offender and payment subsequently is made | 3116 |
|
for the same services by a third-party payer, the provider shall | 3117 |
|
refund the duplicate payment to the department and, the department | 3118 |
|
shall deposit the refunded payment into the offender financial | 3119 |
|
responsibility fund as described in division (E) of this section. | 3120 |
|
(C) If, pursuant to division (A) of this section, it is | 3121 |
|
determined that the offender is covered under an individual or | 3122 |
|
group sickness and accident insurance policy or an individual or | 3123 |
|
group health insuring corporation policy, contract, or agreement, | 3124 |
|
the department shall make a determination, after considering | 3125 |
|
security, public safety, and transportation issues, whether or not | 3126 |
|
to render or arrange for the rendering of health care services in | 3127 |
|
accordance with the terms and conditions of the policy, contract, | 3128 |
|
or agreement. The department, based on security, public safety, | 3129 |
|
or transportation concerns or any combination of those concerns, | 3130 |
|
may arrange for the rendering of health care services for the | 3131 |
|
offender at a health care facility, by a provider, or at a health | 3132 |
|
care facility and by a provider not covered by the policy, | 3133 |
|
contract, or agreement and pay the costs of the health care | 3134 |
|
services for the offender. | 3135 |
|
(D) If the department renders or arranges for the rendering | 3136 |
|
of health care services to an offender and pays for the services, | 3137 |
|
the department reserves the right to seek reimbursement from a | 3138 |
|
third-party payer for the services if it subsequently is | 3139 |
|
determined that the offender was covered under an individual or | 3140 |
|
group sickness and accident insurance policy or an individual or | 3141 |
|
group health insuring corporation policy, contract, or agreement. | 3142 |
|
The department shall submit a claim for reimbursement of the type | 3143 |
|
described in this division within the time frames applicable to | 3144 |
|
claims submitted by a policy holder in accordance with the terms | 3145 |
|
and conditions of the policy, contract, or agreement.
| 3146 |
| Section 3. (A) The Department of Rehabilitation and | 3188 |
|
Correction
shall examine the feasibility and desirability of | 3189 |
|
purchasing
insurance coverage to protect against unpredictable or | 3190 |
|
catastrophic losses that may be incurred by the state in the | 3191 |
|
provision of health care services to offenders who are in the | 3192 |
|
custody or under the supervision of the Department. Not later | 3193 |
|
than
six months after the effective date of this act, the | 3194 |
|
Department
shall report its findings and
any recommendations to | 3195 |
|
the Speaker
of the House of
Representatives, the President of the | 3196 |
|
Senate, and
the chairs of
the standing committees of the House of | 3197 |
|
Representatives and the
Senate that have primary jurisdiction over | 3198 |
|
issues related to the
Department. | 3199 |
| (B) The Department of Rehabilitation and Correction shall | 3200 |
|
develop specifications for a utilization review program under | 3201 |
|
which the clinical necessity, appropriateness, efficacy, or | 3202 |
|
efficiency of any outside health care service recommended for an | 3203 |
|
offender may be evaluated by an external utilization review | 3204 |
|
organization. The Department shall request proposals for the | 3205 |
|
provision of services of that nature. The request for proposals | 3206 |
|
shall adequately describe the specifications developed by the | 3207 |
|
Department. Within six months after the effective date of this | 3208 |
|
section, the Department shall report the responses to the request | 3209 |
|
for proposals to the Speaker of the House of Representatives, the | 3210 |
|
President of the Senate, and the chairs of the standing committees | 3211 |
|
of the House of Representatives and the Senate that have primary | 3212 |
|
jurisdiction over issues related to the Department. The | 3213 |
|
Department is not required to enter into a contract for the | 3214 |
|
provision of that nature unless money has been appropriated to the | 3215 |
|
Department adequate to fund the provision of services of that | 3216 |
|
nature. | 3217 |