| Section 1. That sections 2151.421, 2301.54, 2907.03, 2921.36, | 9 |
|
2933.41,
2949.06, 2951.03, 2967.14, 2967.27, 2967.28, 3101.05, | 10 |
|
5120.01,
5120.21, 5120.38, 5120.421, 5120.48, 5120.60, 5139.251, | 11 |
|
5145.06, 5149.02, 5149.04,
5149.06, 5149.10, and 5149.12 be | 12 |
|
amended and section 5145.163 of
the Revised Code be enacted to | 13 |
|
read as follows: | 14 |
| Sec. 2151.421. (A)(1)(a) No person described in division | 15 |
|
(A)(1)(b) of this section who is acting in an
official or | 16 |
|
professional capacity and knows or suspects that a child under | 17 |
|
eighteen years of age or a mentally
retarded, developmentally | 18 |
|
disabled, or physically impaired child under
twenty-one years of | 19 |
|
age has suffered or faces a
threat of suffering any physical or | 20 |
|
mental wound, injury,
disability, or condition of a nature that | 21 |
|
reasonably indicates
abuse or neglect of the child, shall fail to | 22 |
|
immediately report
that knowledge or suspicion to the public | 23 |
|
children services agency or a municipal or
county peace officer in | 24 |
|
the county in which the child resides or
in which the abuse or | 25 |
|
neglect is occurring or has occurred.
Division (A)(1)(a) of this | 26 |
|
section does not apply with respect to inmates who are under | 27 |
|
eighteen years of age and in the custody of the department of | 28 |
|
rehabilitation and correction. A person should report known or | 29 |
|
suspected abuse or neglect involving an inmate of this nature to | 30 |
|
the state highway patrol in the county in which is located the | 31 |
|
state correctional institution in which the inmate is confined. | 32 |
| (b) Division (A)(1)(a)
of this section applies to any person | 33 |
|
who is an attorney;
physician, including a hospital intern or | 34 |
|
resident; dentist;
podiatrist; practitioner of a limited branch of | 35 |
|
medicine
as specified in section 4731.15 of the Revised
Code; | 36 |
|
registered nurse;
licensed practical nurse; visiting nurse; other | 37 |
|
health care
professional; licensed psychologist; licensed school | 38 |
|
psychologist; speech pathologist or audiologist; coroner; | 39 |
|
administrator or employee of a child day-care center; | 40 |
|
administrator or
employee of a residential camp or child day camp; | 41 |
|
administrator or employee of a certified child care agency or | 42 |
|
other public or private children services agency; school
teacher; | 43 |
|
school employee; school authority; person engaged in
social work | 44 |
|
or the practice of professional counseling; or a
person rendering | 45 |
|
spiritual treatment through prayer in
accordance with the tenets | 46 |
|
of a well-recognized religion. | 47 |
| (2) An attorney or a physician is not required to make a | 48 |
|
report
pursuant
to division (A)(1) of this section concerning any | 49 |
|
communication
the attorney or physician
receives from a
client or | 50 |
|
patient in an attorney-client or physician-patient
relationship, | 51 |
|
if, in accordance with division (A) or (B)
of section
2317.02 of | 52 |
|
the Revised Code, the attorney or physician could not
testify with | 53 |
|
respect to that communication in a civil or criminal proceeding, | 54 |
|
except that the client or patient is deemed to have waived any | 55 |
|
testimonial
privilege under division (A) or (B) of section 2317.02 | 56 |
|
of the
Revised
Code with respect to that communication and the | 57 |
|
attorney or physician
shall
make a report pursuant to division | 58 |
|
(A)(1) of this section with
respect to that communication, if all | 59 |
|
of the following apply: | 60 |
(B)
Anyone,When the child or person involved is not in the | 75 |
|
custody of the department of rehabilitation and correction, anyone | 76 |
|
who knows or suspects that a child under
eighteen years of age or | 77 |
|
a mentally
retarded, developmentally disabled, or physically | 78 |
|
impaired person
under twenty-one years of age has suffered or | 79 |
|
faces a
threat of suffering any physical or mental wound, injury, | 80 |
|
disability, or other condition of a nature that reasonably | 81 |
indicates abuse or neglect of the child, may report or cause | 82 |
|
reports to be made of that knowledge or suspicion to the public | 83 |
|
children services agency or to a municipal
or
county peace | 84 |
|
officer.
A person may report known or suspected abuse or neglect | 85 |
|
of an inmate who is under eighteen years of age and in the custody | 86 |
|
of the department of rehabilitation and correction to the state | 87 |
|
highway patrol. A person making a report of that nature to the | 88 |
|
state highway patrol shall make the report in the county in which | 89 |
|
is located the state correctional institution in which the inmate | 90 |
|
is confined. | 91 |
| (E) No township, municipal, or county peace officer shall | 120 |
|
remove a child
about whom a report is made pursuant to this | 121 |
|
section from the child's parents,
stepparents, or guardian or any | 122 |
|
other persons having custody of the child
without consultation | 123 |
|
with the
public children services agency, unless,
in
the judgment | 124 |
|
of the officer, and, if the
report was made by physician, the | 125 |
|
physician,
immediate removal is considered essential to protect | 126 |
|
the child
from further abuse or neglect.
The agency that
must be | 127 |
|
consulted shall be the agency conducting the
investigation of the | 128 |
|
report as determined pursuant to section
2151.422 of the Revised | 129 |
|
Code. | 130 |
| (F)(1) Except as
provided in section 2151.422 of the Revised | 131 |
|
Code, the public
children
services agency shall investigate, | 132 |
|
within twenty-four
hours, each
report of known or suspected child | 133 |
|
abuse or child neglect and of
a known or suspected threat of child | 134 |
|
abuse or child neglect that
is referred to it under this section | 135 |
|
to determine the
circumstances surrounding the injuries, abuse, or | 136 |
|
neglect or the
threat of injury, abuse, or neglect, the cause of | 137 |
|
the injuries,
abuse, neglect, or threat, and the person or persons | 138 |
|
responsible.
The investigation shall be made in cooperation with | 139 |
|
the law
enforcement agency and in accordance with the memorandum | 140 |
|
of understanding
prepared under
division (J) of this section. A | 141 |
|
failure to make the investigation in accordance with the | 142 |
|
memorandum is
not grounds for, and shall not result in,
the | 143 |
|
dismissal of any charges or complaint arising from the report or | 144 |
|
the suppression of any evidence obtained as a result of the
report | 145 |
|
and does not give, and shall not be construed as giving,
any | 146 |
|
rights or any grounds for appeal or post-conviction relief to
any | 147 |
|
person. The public
children
services agency shall report each | 148 |
|
case to a central
registry which
the department of job and family | 149 |
|
services
shall maintain in order to
determine whether prior | 150 |
|
reports have been made in other counties
concerning the child or | 151 |
|
other principals in the case. The
public children services agency | 152 |
|
shall submit a report of its
investigation,
in writing, to the law | 153 |
|
enforcement agency. | 154 |
| (G)(1)(a) Except as provided in division (H)(3) of this | 159 |
|
section, anyone or any hospital, institution, school, health | 160 |
|
department, or agency participating in the making of reports
under | 161 |
|
division (A) of this section, anyone or any hospital,
institution, | 162 |
|
school, health department, or agency participating
in good faith | 163 |
|
in the making of reports under division (B) of this
section, and | 164 |
|
anyone participating in good faith in a judicial
proceeding | 165 |
|
resulting from the reports, shall be immune from any
civil or | 166 |
|
criminal liability for injury, death, or loss to person
or | 167 |
|
property that otherwise might be incurred or imposed as a
result | 168 |
|
of the making of the reports or the participation in the
judicial | 169 |
|
proceeding. | 170 |
| (H)(1) Except as provided in divisions (H)(4),
(M), and (N) | 186 |
|
of this
section, a report made under this section is confidential. | 187 |
|
The information provided in a report made pursuant to this
section | 188 |
|
and the name of the person who made the report shall not
be | 189 |
|
released for use, and shall not be used, as evidence in any
civil | 190 |
|
action or proceeding brought against the person who made
the | 191 |
|
report. In a criminal proceeding, the report is admissible
in | 192 |
|
evidence in accordance with the Rules of Evidence and is
subject | 193 |
|
to discovery in accordance with the Rules of Criminal
Procedure. | 194 |
| (4) If a report is made pursuant to division (A) or
(B) of | 203 |
|
this section and the child who is the subject of the report
dies | 204 |
|
for any reason at any time after the report is made, but before | 205 |
|
the child
attains eighteen years of age, the public
children | 206 |
|
services agency or municipal or county peace officer to which the | 207 |
|
report was made or referred, on the request of the child fatality | 208 |
|
review
board,
shall submit a summary sheet of information | 209 |
|
providing a summary of the
report to the review board of the | 210 |
|
county in which the deceased
child resided at the time of death. | 211 |
|
On the request of the review
board, the agency or peace officer | 212 |
|
may, at its discretion, make
the report available to the review | 213 |
|
board. | 214 |
| (2) A memorandum of understanding shall set forth the normal | 250 |
|
operating procedure to be employed by
all concerned officials in | 251 |
|
the execution of their respective
responsibilities under this | 252 |
|
section and division (C) of section
2919.21, division (B)(1) of | 253 |
|
section 2919.22, division (B) of
section 2919.23, and section | 254 |
|
2919.24 of the Revised Code and
shall have as two of its primary | 255 |
|
goals the elimination of all
unnecessary interviews of children | 256 |
|
who are the subject of reports
made pursuant to division (A) or | 257 |
|
(B) of this section and, when
feasible, providing for only one | 258 |
|
interview of a child who is the
subject of any report made | 259 |
|
pursuant to division (A) or (B) of
this section. A failure to | 260 |
|
follow the procedure set forth in the
memorandum by
the concerned | 261 |
|
officials is not grounds for, and shall not result in, the | 262 |
|
dismissal of any charges or complaint arising from any reported | 263 |
|
case of abuse or neglect or the suppression of any evidence | 264 |
|
obtained as a result of any reported child abuse or child neglect | 265 |
|
and does not give, and shall not be construed as giving, any | 266 |
|
rights or any grounds for appeal or post-conviction relief to any | 267 |
|
person. | 268 |
| (M) No later than the end of the day
following the day on | 336 |
|
which a public children services agency
receives a report of | 337 |
|
alleged child abuse or child
neglect, or a report of an alleged | 338 |
|
threat of child abuse or child
neglect, that allegedly occurred in | 339 |
|
or involved an out-of-home
care entity, the agency shall provide | 340 |
|
written notice
of the allegations contained in and the person | 341 |
|
named as the alleged
perpetrator in the report to the | 342 |
|
administrator, director, or other chief
administrative officer of | 343 |
|
the out-of-home care entity that is the
subject of the report | 344 |
|
unless the administrator, director, or
other chief administrative | 345 |
|
officer is named as an alleged
perpetrator in the report. If the | 346 |
|
administrator, director, or
other chief administrative officer of | 347 |
|
an out-of-home care entity
is named as an alleged perpetrator in a | 348 |
|
report of alleged child
abuse or child neglect, or a report of an | 349 |
|
alleged threat of child
abuse or child neglect, that allegedly | 350 |
|
occurred in or involved
the out-of-home care entity, the agency | 351 |
|
shall provide the written notice
to
the owner or governing board | 352 |
|
of the out-of-home care entity that
is the subject of the report. | 353 |
|
The agency
shall not provide
witness statements or police or other | 354 |
|
investigative reports. | 355 |
| (N) No later than three days after the day on
which a public | 356 |
|
children services agency that
conducted the investigation as | 357 |
|
determined pursuant to section 2151.422
of the Revised Code makes | 358 |
|
a
disposition of an investigation involving a report of alleged | 359 |
|
child abuse or child neglect, or a report of an alleged threat of | 360 |
|
child abuse or child neglect, that allegedly occurred in or | 361 |
|
involved an out-of-home care entity, the
agency
shall send written | 362 |
|
notice of the disposition of the
investigation to the | 363 |
|
administrator, director, or other chief
administrative officer and | 364 |
|
the owner or governing board of the
out-of-home care entity. The | 365 |
|
agency shall
not provide witness
statements or police or other | 366 |
|
investigative reports. | 367 |
| Sec. 2933.41. (A)(1) Any property, other than contraband | 527 |
|
that is subject to the provisions of section 2913.34 or
2933.43 of | 528 |
|
the
Revised Code, other than property that is subject to section | 529 |
|
3719.141 of the Revised Code, other than property that is | 530 |
|
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45 | 531 |
|
of the
Revised Code,
other than a vehicle that is criminally | 532 |
|
forfeited under an order
issued under section 4503.233 or 4503.234 | 533 |
|
of the Revised Code and
that is to be disposed of under section | 534 |
|
4503.234 of the Revised
Code, other than property that has been | 535 |
|
lawfully seized under
sections 2933.71 to 2933.75 of the Revised | 536 |
|
Code in relation to a
medicaid fraud offense, and other than | 537 |
|
property that has been
lawfully seized in relation to a violation | 538 |
|
of section 2923.32 of
the Revised Code, that has been lost, | 539 |
|
abandoned, stolen, seized
pursuant to a search warrant, or | 540 |
|
otherwise lawfully seized or
forfeited, and that is in the custody | 541 |
|
of a law enforcement
agency shall be kept safely pending the time | 542 |
|
it no longer is
needed as evidence and shall be disposed of | 543 |
|
pursuant to this
section. Each law enforcement agency that has | 544 |
|
custody of any
property that is subject to this section shall | 545 |
|
adopt a written
internal control policy that addresses the keeping | 546 |
|
of detailed
records as to the amount of property taken in by the | 547 |
|
agency, that
addresses the agency's disposition of the property | 548 |
|
under this
section, that provides for the keeping of detailed | 549 |
|
records of the
disposition of the property, and that provides for | 550 |
|
the keeping of
detailed financial records of the amount and | 551 |
|
disposition of any
proceeds of a sale of the property under | 552 |
|
division (D)(8) of this
section and of the general types of | 553 |
|
expenditures made out of the
proceeds retained by the agency and | 554 |
|
the specific amount expended
on each general type of expenditure. | 555 |
|
The policy shall not
provide for or permit the identification of | 556 |
|
any specific
expenditure that is made in an ongoing investigation. | 557 |
|
The policy
is a public record open for inspection under section | 558 |
|
149.43 of
the Revised Code. | 559 |
| (2)(a) Every law enforcement agency that has any lost, | 560 |
|
abandoned, stolen, seized, or forfeited property as described in | 561 |
|
division (A)(1) of this section in its custody shall comply with | 562 |
|
its written internal control policy adopted under that division | 563 |
|
relative to the property. Each agency that has any such
property | 564 |
|
in its custody, except for property to be disposed of under | 565 |
|
division (D)(4) of this section, shall maintain an accurate | 566 |
|
record, in accordance with its written internal control policy,
of | 567 |
|
each item of the property. The record shall include the date
on | 568 |
|
which each item of property came into the agency's custody,
the | 569 |
|
manner in which it was disposed of, the date of its
disposition, | 570 |
|
the name of the person who received the property if
it was not | 571 |
|
destroyed, and all other information required by the
agency's | 572 |
|
written internal control policy; however, the record
shall not | 573 |
|
identify or enable the identification of the individual
officer | 574 |
|
who seized any item of property. The record of any
property that | 575 |
|
no longer is needed as evidence, and all financial
records of the | 576 |
|
amount and disposition of any proceeds of a sale
under division | 577 |
|
(D)(8) of this section and of the general types of
expenditures | 578 |
|
made out of the proceeds retained by the agency and
the specific | 579 |
|
amount of each general type of expenditure, shall be
open to | 580 |
|
public inspection during the agency's regular business
hours. | 581 |
| Each law enforcement agency that, during any calendar year, | 582 |
|
has any seized or forfeited property as described in division | 583 |
|
(A)(1) of this section in its custody shall prepare a report | 584 |
|
covering the calendar year that cumulates all of the information | 585 |
|
contained in all of the records kept by the agency pursuant to | 586 |
|
this division for that calendar year and shall send a copy of
the | 587 |
|
cumulative report, no later than the first day of March in
the | 588 |
|
calendar year following the calendar year covered by the
report, | 589 |
|
to the attorney general. Each report received by the
attorney | 590 |
|
general is a public record open for inspection under
section | 591 |
|
149.43 of the Revised Code. | 592 |
| (b) Each law enforcement agency that receives in any | 593 |
|
calendar year any proceeds of a sale under division (D)(8) of
this | 594 |
|
section shall prepare a report covering the calendar year
that | 595 |
|
cumulates all of the information contained in all of the
public | 596 |
|
financial records kept by the agency pursuant to division | 597 |
|
(D)(2)(a) of this section for that calendar year and shall send
a | 598 |
|
copy of the cumulative report, no later than the first day of | 599 |
|
March in the calendar year following the calendar year covered by | 600 |
|
the report, to the attorney general. Each report received by the | 601 |
|
attorney general is a public record open for inspection under | 602 |
|
section 149.43 of the Revised Code. | 603 |
| (B) A law enforcement agency that has property in its | 622 |
|
possession that is required to be disposed of pursuant to this | 623 |
|
section shall make a reasonable effort to locate the persons | 624 |
|
entitled to possession of the property in its custody, to notify | 625 |
|
them of when and where it may be claimed, and to return the | 626 |
|
property to them at the earliest possible time. In the absence
of | 627 |
|
evidence identifying persons entitled to possession, it is | 628 |
|
sufficient notice to advertise in a newspaper of general | 629 |
|
circulation in the county, briefly describing the nature of the | 630 |
|
property in custody and inviting persons to view and establish | 631 |
|
their right to it. | 632 |
| (D) Unclaimed or forfeited property in the custody of a
law | 644 |
|
enforcement agency, other than contraband that is subject to
the | 645 |
|
provisions of section 2913.34 or 2933.43 of the Revised
Code, | 646 |
|
other than property forfeited under sections 2923.44 to 2923.47 or | 647 |
|
2925.41 to 2925.45 of the
Revised Code, and other than property | 648 |
|
that has been lawfully
seized in relation to a violation of | 649 |
|
section 2923.32 of the
Revised Code, shall be disposed of on | 650 |
|
application to and order of
any court of record that has | 651 |
|
territorial jurisdiction over the
political subdivision in which | 652 |
|
the law enforcement agency has
jurisdiction to engage in law | 653 |
|
enforcement activities, as follows: | 654 |
| (4) Beer, intoxicating liquor, or alcohol seized from a | 668 |
|
person who is not the holder of a permit issued under Chapters | 669 |
|
4301. and 4303. of the Revised Code or is an offender and | 670 |
|
forfeited to the state under section 4301.45 or 4301.53 of the | 671 |
|
Revised Code either shall be sold by the division of liquor | 672 |
|
control,
if the division determines that the beer, intoxicating | 673 |
|
liquor,
or alcohol is fit for sale, or shall be placed in the | 674 |
|
custody of the
investigations unit in the department of public | 675 |
|
safety and be used for
training relating to law enforcement | 676 |
|
activities. The department, with the
assistance of the division | 677 |
|
of liquor control, shall adopt rules in accordance
with
Chapter | 678 |
|
119. of the Revised Code to provide for the distribution of such | 679 |
|
beer,
intoxicating liquor, or alcohol to state or local law | 680 |
|
enforcement agencies
upon their request. If any tax imposed under | 681 |
|
Title XLIII
of the Revised Code has not been paid in relation to | 682 |
|
the beer,
intoxicating liquor, or alcohol, the proceeds of the | 683 |
|
sale shall
first be used to pay the tax. All other money | 684 |
|
collected under
division (D)(4) of this section shall be paid into | 685 |
|
the state
treasury. Any such beer, intoxicating liquor, or | 686 |
|
alcohol that
the division determines to be unfit for sale shall be | 687 |
|
destroyed. | 688 |
| (6) Vehicles and vehicle parts forfeited under sections | 694 |
|
4549.61 to 4549.63 of the Revised Code may be given to a law | 695 |
|
enforcement agency for use in the performance of its duties.
| 696 |
|
Those parts may be incorporated into any other official vehicle.
| 697 |
|
Parts that do not bear vehicle identification numbers or | 698 |
|
derivatives of them may be sold or disposed of as provided by | 699 |
|
rules of the director of public safety. Parts from which a | 700 |
|
vehicle identification number or derivative of it has been | 701 |
|
removed, defaced, covered, altered, or destroyed and that are not | 702 |
|
suitable for police work or incorporation into an official
vehicle | 703 |
|
shall be destroyed and sold as junk or scrap. | 704 |
| (8) Other unclaimed or forfeited property,
including | 713 |
|
personal property that is abandoned or relinquished by an inmate | 714 |
|
of a state correctional institution, with the
approval of the | 715 |
|
court, may be used by the law enforcement agency
that has | 716 |
|
possession of it. If the other unclaimed or forfeited
property is | 717 |
|
not used by the law enforcement agency, it may be
sold, without | 718 |
|
appraisal, at a public auction to the highest
bidder for cash, or, | 719 |
|
in the case of other unclaimed or forfeited
moneys, disposed of in | 720 |
|
another manner that the court considers
proper in the | 721 |
|
circumstances. | 722 |
| (E)(1)(a) If the property was in the possession
of the law | 723 |
|
enforcement agency in relation to a delinquent child
proceeding in | 724 |
|
a juvenile court, ten per cent of the proceeds from
property | 725 |
|
disposed of pursuant to this section shall be applied to
one or | 726 |
|
more alcohol and drug addiction treatment programs that
are | 727 |
|
certified by the department of alcohol and drug addiction
services | 728 |
|
under section 3793.06 of the Revised
Code and that are specified | 729 |
|
by the court in its order
issued under division (D) of this | 730 |
|
section. A juvenile court shall
not
specify an alcohol or
drug | 731 |
|
addiction treatment program in the order
unless the program is a | 732 |
|
certified alcohol and drug addiction
treatment program and, except | 733 |
|
as provided in division
(E)(1)(a) of this section, unless the | 734 |
|
program is located
in the county in which the court
that issues | 735 |
|
the orders is located or in a contiguous county. If
no certified | 736 |
|
alcohol and drug addiction treatment program is
located in any of | 737 |
|
those counties, the juvenile court may specify in the order
a | 738 |
|
certified alcohol and drug
addiction treatment program located | 739 |
|
anywhere within this state. The remaining
ninety per cent of
the | 740 |
|
proceeds shall be applied as provided in division
(E)(1)(b) of | 741 |
|
this section. | 742 |
| (2) Each board of county commissioners that recognizes a | 755 |
|
citizens' reward program as provided in section 9.92 of the | 756 |
|
Revised Code shall notify each law enforcement agency of that | 757 |
|
county and each law enforcement agency of a township or municipal | 758 |
|
corporation wholly located in that county of the official | 759 |
|
recognition of the citizens' reward program by filing a copy of | 760 |
|
its resolution conferring that recognition with each
of those law | 761 |
|
enforcement agencies. When the board of county
commissioners of a | 762 |
|
county recognizes a citizens' reward program and the county | 763 |
|
includes a part, but not all, of the territory of a municipal | 764 |
|
corporation, the board shall so notify the law enforcement agency | 765 |
|
of that municipal corporation of the official recognition of the | 766 |
|
citizens' reward program only if the county contains the highest | 767 |
|
percentage of the municipal corporation's population. Upon | 768 |
|
receipt of a notice described in this division,
each law | 769 |
|
enforcement
agency shall pay
twenty-five per cent of the proceeds | 770 |
|
from each sale of property
disposed of pursuant to this section to | 771 |
|
the citizens' reward
program for use exclusively for the payment | 772 |
|
of rewards. No part
of those funds may be used to pay for the | 773 |
|
administrative expenses
or any other expenses associated with a | 774 |
|
citizens' reward program. If a
citizens' reward program that | 775 |
|
operates in more than one
county or in another state or states in | 776 |
|
addition to this state
receives funds pursuant to this section, | 777 |
|
the funds shall be used
to pay rewards only for tips and | 778 |
|
information to law enforcement
agencies concerning felonies, | 779 |
|
offenses of violence, or
misdemeanors that have been committed in | 780 |
|
the county from which
the funds were received. | 781 |
| (F) This section does not apply to the collection,
storage, | 782 |
|
or disposal of abandoned junk motor vehicles. This
section shall | 783 |
|
not be construed to rescind or restrict the
authority of a | 784 |
|
municipal law enforcement agency to keep and
dispose of lost, | 785 |
|
abandoned, stolen, seized, or forfeited property
under an | 786 |
|
ordinance of the municipal corporation or under sections 737.29 to | 787 |
|
737.33 of the Revised Code, provided that,
when a municipal | 788 |
|
corporation that has received notice as provided
in division | 789 |
|
(E)(2) of this section disposes of property under
an ordinance, it | 790 |
|
shall pay twenty-five per
cent of the
proceeds from any sale or | 791 |
|
auction to the citizens' reward program
as provided under that | 792 |
|
division. | 793 |
| Sec. 2949.06. (A) If a person escapes after sentence and | 827 |
|
before confinement in a
state correctional institution or jail, | 828 |
|
the clerk of the trial court, upon
application of the prosecuting | 829 |
|
attorney or by order of the court, shall issue
a warrant stating | 830 |
|
the conviction and sentence and commanding the sheriff to
pursue | 831 |
|
the person into any county of this state. The sheriff shall take | 832 |
|
into
custody the person so escaping and shall make return of the | 833 |
|
warrant to the
court if it is in session, and if it is not in | 834 |
session
hethe
sheriff shall commit the
accused to the jail of the | 835 |
county and bring
himthe accused
before the court at the next | 836 |
|
session of the court. The court shall set aside the former | 837 |
|
sentence and
again pronounce judgment upon the verdict. | 838 |
| (B) If a prisoner has been confined in a state correctional | 839 |
|
institution and is subsequently released prior to the lawful end | 840 |
|
of the term of imprisonment or prison term, whether by error, | 841 |
|
inadvertence, fraud, or any other cause, the warden of the state | 842 |
|
correctional institution shall make this fact known to a judge of | 843 |
|
the court of common pleas of the county in which the correctional | 844 |
|
institution is located or the county in which the prisoner was | 845 |
|
convicted of the offense for which the prisoner was confined. The | 846 |
|
warden shall provide the court with copies of the commitment | 847 |
|
documents and documentation of the release date. The judge shall | 848 |
|
issue a warrant stating the conviction and the sentence and | 849 |
|
commanding the sheriff to apprehend the prisoner in any county of | 850 |
|
the state. The sheriff shall take the prisoner into custody and | 851 |
|
return the warrant to the court if it is in session. If it is not | 852 |
|
in session, the sheriff shall commit the prisoner to the jail of | 853 |
|
the county and bring the prisoner before the court at the next | 854 |
|
session of the court. The court shall verify the identity of the | 855 |
|
prisoner and the fact of premature release from confinement. Upon | 856 |
|
being satisfied with these facts, the court shall remand the | 857 |
|
prisoner to the custody of the department of rehabilitation and | 858 |
|
correction for service of the remainder of the term of | 859 |
|
imprisonment or prison term. | 860 |
| Sec. 2951.03. (A)(1) No person who has been convicted of or | 861 |
|
pleaded
guilty to
a felony shall be placed under a
community | 862 |
|
control sanction until a written presentence investigation report | 863 |
|
has been considered by the court. If a court orders the | 864 |
|
preparation of a presentence investigation report pursuant to this | 865 |
|
section, section 2947.06 of the Revised Code, or
Criminal Rule | 866 |
|
32.2, the officer making the report shall
inquire into the | 867 |
|
circumstances of the offense and the criminal
record, social | 868 |
|
history, and present condition of the defendant and any
other | 869 |
|
matters specified in Criminal Rule 32.2.
Whenever the officer | 870 |
|
considers it advisable, the officer's investigation may
include a | 871 |
|
physical and mental examination of
the defendant. A physical | 872 |
|
examination of the defendant may include a drug
test consisting of | 873 |
|
a chemical analysis of a blood or urine
specimen of the defendant | 874 |
|
to determine whether the defendant
ingested or was injected with a | 875 |
|
drug of
abuse. If, pursuant to section 2930.13 of the Revised | 876 |
|
Code, the
victim
of the offense of which the defendant has been | 877 |
|
convicted wishes to make a
statement regarding the impact of the | 878 |
|
offense for the officer's use in
preparing the presentence | 879 |
|
investigation report, the officer shall comply
with the | 880 |
|
requirements of that section. | 881 |
| (2) If a defendant is committed to any institution,
the | 882 |
|
presentence investigation report shall be sent to the
institution | 883 |
|
with the entry of commitment. If a defendant is
committed to any | 884 |
|
institution and a presentence investigation
report is not prepared | 885 |
|
regarding that defendant pursuant to this
section, section 2947.06 | 886 |
|
of the Revised Code, or Criminal Rule
32.2, the director of the | 887 |
|
department of rehabilitation and
correction or the director's | 888 |
|
designee may order that an offender
background investigation and | 889 |
|
report be conducted and prepared regarding the
defendant pursuant | 890 |
|
to section 5120.16 of the Revised Code.
An offender background | 891 |
|
investigation report prepared pursuant to this section shall be | 892 |
|
considered confidential information and is not a public record | 893 |
|
under section 149.43 of the Revised Code. | 894 |
| (3) The department of rehabilitation and correction may use | 895 |
|
any presentence investigation report and any offender background | 896 |
|
investigation report prepared pursuant to this section for | 897 |
|
penological and rehabilitative purposes. As needed to permit | 898 |
|
programming and treatment, the department may disclose any | 899 |
|
presentence investigation report and any offender background | 900 |
|
investigation report to courts, law enforcement agencies, | 901 |
|
community-based correctional facilities, halfway houses, and | 902 |
|
medical, mental health, and substance abuse treatment providers. | 903 |
|
The department shall make the disclosure in a manner calculated to | 904 |
|
maintain the report's confidentiality. | 905 |
| (D)(1) The contents of a presentence investigation report | 958 |
|
prepared pursuant to this section, section 2947.06 of the Revised | 959 |
|
Code, or Criminal
Rule 32.2 and the contents of any written or | 960 |
|
oral summary of a
presentence investigation report or of a part of | 961 |
|
a presentence investigation
report described in division (B)(3) of | 962 |
|
this section are confidential
information and are not a public | 963 |
|
record. The court, an appellate court,
authorized probation | 964 |
|
officers, investigators, and court personnel, the
defendant, the | 965 |
|
defendant's counsel, the prosecutor who is handling the | 966 |
|
prosecution of the case against the defendant, and authorized | 967 |
|
personnel of an
institution to which the defendant is committed | 968 |
|
may inspect, receive copies
of, retain copies of, and use a | 969 |
|
presentence investigation report or a written
or oral summary of a | 970 |
|
presentence investigation only for the purposes of or
only as | 971 |
|
authorized by Criminal Rule 32.2 or this section,
division (F)(1) | 972 |
|
of section 2953.08, section 2947.06, or another
section of the | 973 |
|
Revised Code. | 974 |
| (2) Immediately following the imposition of sentence upon | 975 |
|
the defendant,
the defendant or the defendant's counsel and the | 976 |
|
prosecutor shall return to
the court all copies of a presentence | 977 |
|
investigation report and of any written
summary of a presentence | 978 |
|
investigation report or part of a
presentence investigation report | 979 |
|
that the court made available to the
defendant or the defendant's | 980 |
|
counsel and to the prosecutor pursuant to this
section. The | 981 |
|
defendant or the defendant's counsel and the prosecutor shall
not | 982 |
|
make any copies of the presentence investigation report or of any | 983 |
|
written
summary of a presentence investigation report or part of a | 984 |
|
presentence
investigation report that the court made available to | 985 |
|
them pursuant to this
section. | 986 |
| Sec. 2967.14. (A) The adult parole authority may require
a | 1001 |
|
parolee or releasee to reside in a halfway house or other suitable | 1002 |
|
community residential center that has been licensed by the | 1003 |
|
division of parole and community services pursuant to division (C) | 1004 |
|
of this
section during a part
or for the entire period of the | 1005 |
|
parolee's conditional release or of the
releasee's term of | 1006 |
|
post-release control. The court of common pleas that
placed an | 1007 |
|
offender under a sanction consisting of a term in a halfway house | 1008 |
|
or
in an alternative residential sanction
may require the offender | 1009 |
|
to reside in a halfway house or other
suitable community | 1010 |
|
residential center that is designated by the court and
that has | 1011 |
|
been licensed by the division pursuant to division (C)
of this | 1012 |
|
section during a part or for the entire period of the
offender's | 1013 |
|
residential sanction. | 1014 |
| (B) The division of parole and community services may | 1015 |
| negotiate and enter into agreements
with any public or private | 1016 |
|
agency or a department or political
subdivision of the state that | 1017 |
|
operates a halfway house or
community residential center that has | 1018 |
|
been licensed by the
division pursuant to division (C) of this | 1019 |
|
section. An agreement
under this division shall provide for | 1020 |
housing, supervision, and other services
that are required for | 1021 |
persons who have been
assigned
to a halfway house or community | 1022 |
residential center, including
parolees, releasees, persons placed | 1023 |
under a residential sanction, persons
under transitional control, | 1024 |
and other
eligible offendersthe purchase of beds, shall set | 1025 |
|
limits of supervision and levels of occupancy, and shall determine | 1026 |
|
the scope of services for all eligible offenders, including those | 1027 |
|
subject to a residential sanction, as defined in rules adopted by | 1028 |
|
the director of
rehabilitation and correction in accordance with | 1029 |
Chapter 119.
of the Revised Code.
An agreement
under this division | 1030 |
shall provide for per diem payments to the agency,
department, or | 1031 |
political subdivision on behalf of each parolee and releasee | 1032 |
assigned to and each person placed under a residential sanction in | 1033 |
a
halfway house or community residential center that
is operated | 1034 |
by the agency, department, or political subdivision
and that has | 1035 |
been licensed by the division. The
per diem
payments
for beds and | 1036 |
|
services shall be equal to the halfway house's or community | 1037 |
|
residential center's average daily per capita costs with its | 1038 |
facility at full occupancy. The
per diem payments
for beds and | 1039 |
|
services shall not
exceed the total operating costs of the halfway | 1040 |
|
house or
community residential center during the term of an | 1041 |
|
agreement.
The director of rehabilitation and correction shall | 1042 |
|
adopt rules
in accordance with Chapter 119. of the Revised Code | 1043 |
|
for
determining includable and excludable costs and income to be | 1044 |
|
used
in computing the agency's average daily per capita costs with | 1045 |
|
its
facility at full occupancy. | 1046 |
The department of rehabilitation and correction may use
a | 1047 |
portionno more than ten per cent of the amount appropriated to | 1048 |
|
the department each fiscal
year for the halfway house and | 1049 |
|
community residential center
program to pay for contracts for | 1050 |
|
nonresidential services for
offenders under the supervision of the | 1051 |
|
adult parole authority.
The nonresidential services may include, | 1052 |
but are not limited to,
treatment forprogram administration, | 1053 |
substance abuse
services, mental health
counselingservices,
and | 1054 |
counselingservices for sex offenders, medication, offender | 1055 |
|
transportation, electronic monitoring, and community justice | 1056 |
|
initiatives. | 1057 |
| (B) Each sentence to a prison term for a felony
of the first | 1099 |
|
degree, for a felony of the second degree, for a felony sex | 1100 |
|
offense, or for a felony of the third degree
that is not a felony | 1101 |
|
sex offense and in the commission of which the offender
caused or | 1102 |
|
threatened to cause physical harm to a person shall include a | 1103 |
|
requirement that the offender be subject to a period of | 1104 |
|
post-release control imposed by the parole board after the | 1105 |
|
offender's
release from imprisonment. Unless reduced by the | 1106 |
|
parole board
pursuant to division (D) of this section when | 1107 |
|
authorized under that
division, a period of
post-release control | 1108 |
|
required by this division for an offender shall be of one
of the | 1109 |
|
following periods: | 1110 |
| (D)(1) Before the prisoner is released from
imprisonment, | 1126 |
|
the parole board
shall impose upon a prisoner
described in | 1127 |
|
division (B) of this section, may impose
upon a prisoner described | 1128 |
|
in division (C) of this
section, and shall impose upon a prisoner | 1129 |
|
described in division
(B)(2)(b) of section 5120.031 or in division | 1130 |
|
(B)(1) of section 5120.032 of the Revised
Code, one or more | 1131 |
|
post-release control sanctions to apply
during the prisoner's | 1132 |
|
period of post-release control. Whenever the board
imposes one or | 1133 |
|
more post-release control sanctions upon a prisoner, the board,
in | 1134 |
|
addition to imposing the sanctions, also shall include as a | 1135 |
|
condition of
the post-release control that the individual or felon | 1136 |
|
not
leave the state without permission of the court or the | 1137 |
|
individual's or felon's
parole or probation officer and that the | 1138 |
|
individual or felon abide by the
law. The board may impose any | 1139 |
|
other
conditions of release under a post-release control sanction | 1140 |
|
that the board
considers appropriate, and the conditions of | 1141 |
|
release may include any
community residential sanction, community | 1142 |
|
nonresidential sanction, or
financial sanction that the sentencing | 1143 |
|
court was authorized to impose pursuant
to sections 2929.16, | 1144 |
|
2929.17, and 2929.18 of the Revised Code. Prior to
the release of | 1145 |
|
a prisoner for whom it will impose one or more post-release | 1146 |
|
control sanctions under this division, the parole board shall | 1147 |
|
review the
prisoner's
criminal history, all
juvenile court | 1148 |
|
adjudications finding the prisoner, while a juvenile, to be a | 1149 |
|
delinquent child, and the record of the prisoner's conduct while | 1150 |
|
imprisoned. The parole board shall consider any recommendation | 1151 |
|
regarding
post-release control sanctions for the prisoner made by | 1152 |
|
the office of victims'
services. After considering those | 1153 |
|
materials, the board shall
determine, for a prisoner described in | 1154 |
|
division (B) of
this section, division (B)(2)(b) of
section | 1155 |
|
5120.031, or division (B)(1) of section 5120.032
of the Revised | 1156 |
|
Code, which post-release control
sanction or combination of | 1157 |
|
post-release control sanctions is
reasonable under the | 1158 |
|
circumstances or, for a prisoner described
in division (C) of this | 1159 |
|
section, whether a post-release
control sanction is necessary and, | 1160 |
|
if so, which post-release
control sanction or combination of | 1161 |
|
post-release control sanctions
is reasonable under the | 1162 |
|
circumstances. In the case of a prisoner convicted of
a felony of | 1163 |
|
the fourth
or fifth degree other than a felony sex offense, the | 1164 |
|
board shall presume that
monitored time is the appropriate | 1165 |
|
post-release control sanction unless the
board determines that a | 1166 |
|
more restrictive sanction is
warranted. A post-release control | 1167 |
|
sanction imposed under this
division takes effect upon the | 1168 |
|
prisoner's release from
imprisonment. | 1169 |
| (2) At any time after a prisoner is
released from | 1170 |
|
imprisonment and during the period of post-release control | 1171 |
|
applicable to the releasee, the adult parole
authority may
review | 1172 |
|
the releasee's behavior under the post-release control
sanctions | 1173 |
|
imposed upon the releasee under this section. The authority may | 1174 |
|
determine, based upon the review and in accordance with the | 1175 |
|
standards
established under division (E) of this section, that a | 1176 |
|
more
restrictive or a
less restrictive sanction is appropriate and | 1177 |
|
may impose a
different sanction. Unless the period of | 1178 |
|
post-release control was imposed for
an offense described in | 1179 |
|
division (B)(1) of this section, the
authority also may recommend | 1180 |
|
that the parole board reduce the
duration of the period of | 1181 |
|
post-release control imposed by the
court. If the authority | 1182 |
|
recommends that the board
reduce the duration of control for an | 1183 |
|
offense described in division
(B)(2), (B)(3), or (C) of this | 1184 |
|
section, the board
shall review the
releasee's behavior and may | 1185 |
|
reduce the duration of the period of
control imposed by the court. | 1186 |
|
In no case shall the board reduce the duration
of the period of | 1187 |
|
control imposed by the court for an offense described in
division | 1188 |
|
(B)(1) of this section, and in no case shall the board
permit the | 1189 |
|
releasee to leave the
state without permission of the court or the | 1190 |
|
releasee's parole or probation
officer. | 1191 |
| (3) Establish standards to be used by the parole board
in | 1203 |
|
reducing the duration of the period of post-release control | 1204 |
|
imposed by the court when authorized under division (D) of this | 1205 |
|
section, in imposing a more restrictive post-release
control | 1206 |
|
sanction than monitored time upon a prisoner convicted of a felony | 1207 |
|
of
the fourth or fifth
degree other than a felony sex offense, or | 1208 |
|
in imposing a less restrictive
control sanction
upon a releasee | 1209 |
|
based on the releasee's activities including, but
not limited to, | 1210 |
|
remaining free from criminal activity and from
the abuse of | 1211 |
|
alcohol or other drugs, successfully participating
in approved | 1212 |
|
rehabilitation programs, maintaining employment, and
paying | 1213 |
|
restitution to the victim or meeting the terms of other
financial | 1214 |
|
sanctions; | 1215 |
| (F)(1) If a post-release control sanction is imposed upon an | 1233 |
|
offender under
this section,
the offender upon release from | 1234 |
|
imprisonment shall be under the general
jurisdiction of the
adult | 1235 |
parole authority and generally shall be supervised by the
parole | 1236 |
supervisionfield services section through its staff of parole and | 1237 |
|
field
officers as described in section 5149.04 of the Revised | 1238 |
|
Code, as if the offender had been
placed on parole. If the | 1239 |
|
offender upon release from imprisonment violates the
post-release | 1240 |
|
control sanction or any
conditions described in
division (A) of | 1241 |
|
section 2967.131 of the Revised Code that are imposed on
the | 1242 |
|
offender, the public or private
person or entity that
operates or | 1243 |
|
administers the sanction or the program or activity
that comprises | 1244 |
|
the sanction shall report the violation directly
to the adult | 1245 |
|
parole authority or to the officer of the authority
who supervises | 1246 |
|
the offender. The authority's officers may treat
the offender as | 1247 |
|
if the offender were on parole and in violation of the
parole, and | 1248 |
|
otherwise shall comply with this section. | 1249 |
| (2) If the adult parole authority determines that a
releasee | 1250 |
|
has violated a post-release control sanction or any conditions | 1251 |
|
described in division (A) of section
2967.131 of the Revised Code | 1252 |
|
imposed
upon the releasee and that a more restrictive sanction is | 1253 |
|
appropriate,
the authority may impose a more restrictive sanction | 1254 |
|
upon the
releasee, in accordance with the standards established | 1255 |
|
under
division (E) of this section,
or may report the violation to | 1256 |
|
the parole board for a hearing
pursuant to division (F)(3) of
this | 1257 |
|
section. The authority may not, pursuant to this division, | 1258 |
|
increase the duration of the releasee's post-release control or | 1259 |
|
impose as a post-release control sanction a
residential sanction | 1260 |
|
that includes a prison term,
but the authority may impose on the | 1261 |
|
releasee any other residential
sanction, nonresidential sanction, | 1262 |
|
or financial sanction that the sentencing
court was authorized to | 1263 |
|
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the | 1264 |
|
Revised Code. | 1265 |
| (3) The parole board may hold a hearing on
any alleged | 1266 |
|
violation by a releasee of a post-release control
sanction or any | 1267 |
|
conditions described in
division (A) of
section 2967.131 of the | 1268 |
|
Revised Code that are imposed upon the
releasee. If after the | 1269 |
|
hearing the
board finds that
the releasee violated the sanction or | 1270 |
|
condition, the board
may increase the
duration of the releasee's | 1271 |
|
post-release control up to the maximum
duration authorized by | 1272 |
|
division (B) or (C) of
this section or impose a more restrictive | 1273 |
|
post-release control
sanction.
When appropriate, the board may | 1274 |
|
impose as a
post-release control sanction a residential sanction | 1275 |
|
that
includes a prison term.
The board shall consider a prison | 1276 |
|
term as a post-release control
sanction imposed for a violation of | 1277 |
|
post-release control when the
violation
involves a deadly weapon | 1278 |
|
or dangerous ordnance, physical harm or
attempted serious physical | 1279 |
|
harm to a person, or sexual misconduct,
or when the releasee | 1280 |
|
committed repeated violations of
post-release control sanctions. | 1281 |
|
The period of a prison term that
is
imposed as a post-release | 1282 |
|
control sanction under this division shall not
exceed nine months, | 1283 |
|
and the maximum cumulative prison term for all
violations under | 1284 |
|
this division shall not exceed one-half
of the stated prison
term | 1285 |
|
originally imposed upon the offender as part of this sentence.
The | 1286 |
|
period of a prison term that is imposed as a
post-release
control | 1287 |
|
sanction under this division shall not count as, or be
credited | 1288 |
|
toward, the remaining period of post-release control. | 1289 |
| (4) A parolee or releasee who has violated any condition of | 1290 |
|
parole,
any post-release
control sanction, or any
conditions | 1291 |
|
described in division
(A) of section 2967.131 of the Revised Code | 1292 |
|
that are imposed upon the
releasee by
committing a felony may be | 1293 |
|
prosecuted for the new felony, and, upon conviction, the court | 1294 |
|
shall impose sentence for the new felony. In addition to the | 1295 |
|
sentence imposed for the new felony, the court may impose a
prison | 1296 |
|
term for the violation, and the term imposed for the violation | 1297 |
|
shall be
reduced by any prison term that is administratively | 1298 |
|
imposed
by the parole
board or adult parole authority as a | 1299 |
|
post-release control sanction.
If the person is a releasee, the | 1300 |
|
maximum prison term for the
violation shall be either
the maximum | 1301 |
|
period of post-release control for the earlier felony under | 1302 |
|
division
(B) or (C) of this section minus any time the
releasee | 1303 |
|
has spent under post-release control for the earlier
felony or | 1304 |
|
twelve months, whichever is greater. A prison term
imposed for | 1305 |
|
the violation shall be served consecutively to any
prison term | 1306 |
|
imposed for the new felony. If the person is a
releasee, a prison | 1307 |
|
term imposed
for the violation, and a prison term imposed for the | 1308 |
|
new felony, shall not
count as, or be credited toward, the | 1309 |
|
remaining period of post-release control
imposed for the earlier | 1310 |
|
felony. | 1311 |
| Sec. 3101.05. (A) The parties to a marriage shall make an | 1346 |
|
application for a marriage license. Each of the persons seeking a | 1347 |
|
marriage license shall personally appear in the probate court | 1348 |
|
within the county where either resides, or, if neither is a | 1349 |
|
resident of this state, where the marriage is expected to be | 1350 |
|
solemnized. If neither party is a resident of this state, the | 1351 |
|
marriage may be solemnized only in the county where the license is | 1352 |
|
obtained. Each party shall make application and shall state upon | 1353 |
|
oath, the party's name, age, residence, place of birth, | 1354 |
|
occupation, father's name, and mother's maiden name, if known, and | 1355 |
|
the name of the person who is expected to solemnize the marriage. | 1356 |
|
If either party has been previously married, the application shall | 1357 |
|
include the names of the parties to any previous marriage and of | 1358 |
|
any minor children, and if divorced the jurisdiction, date, and | 1359 |
|
case number of the decree. If either applicant is under the age | 1360 |
|
of eighteen years, the judge shall require the applicants to state | 1361 |
|
that they received marriage counseling satisfactory to the court. | 1362 |
|
Except as otherwise provided in this division, the application | 1363 |
|
also shall include each party's social security number. In lieu | 1364 |
|
of requiring each party's social security number on the | 1365 |
|
application, the court may obtain each party's social security | 1366 |
|
number, retain the social security numbers in a separate record, | 1367 |
|
and allow a number other than the social security number to be | 1368 |
|
used on the application for reference purposes. If a court allows | 1369 |
|
the use of a number other than the social security number to be | 1370 |
|
used on the application for reference purposes, the record | 1371 |
|
containing the social security number is not a public record, | 1372 |
|
except that, in any of the circumstances set forth in divisions | 1373 |
|
(A)(1) to (4) of section 3101.051 of the Revised Code, the record | 1374 |
|
containing the social security number shall be made available for | 1375 |
|
inspection under section 149.43 of the Revised Code. | 1376 |
| If the judge is satisfied from the affidavit of a reputable | 1382 |
|
physician in active practice and residing in the county where the | 1383 |
|
probate court is located, that one of the parties is unable to | 1384 |
|
appear in court, by reason of illness or other physical | 1385 |
|
disability, a marriage license may be granted upon application and | 1386 |
|
oath of the other party to the contemplated marriage; but in that | 1387 |
|
case the person who is unable to appear in court, at the time of | 1388 |
|
making application for a marriage license, shall make and file in | 1389 |
|
that court, an affidavit setting forth the information required of | 1390 |
|
applicants for a marriage license. | 1391 |
| Sec. 5120.01. The director of rehabilitation and correction | 1417 |
|
is the executive
head of the department of rehabilitation and | 1418 |
|
correction. All duties conferred
on the various divisions and | 1419 |
|
institutions of the department by law or by order
of the director | 1420 |
shall be performed under
suchthe rules and regulations
as
hethat | 1421 |
the director prescribes, and shall be under
histhe
director's | 1422 |
control.
TheInmates committed to the department of rehabilitation | 1423 |
|
and correction shall be under the legal custody of the director
or | 1424 |
|
the director's designee, and the director or the director's | 1425 |
|
designee shall have power to control transfers of
inmates between | 1426 |
|
the several state institutions included under section 5120.05
of | 1427 |
|
the Revised Code. | 1428 |
| Sec. 5120.21. (A) The department of rehabilitation and | 1429 |
|
correction shall keep in its office, accessible only to its | 1430 |
|
employees, except by the consent of the department or the order
of | 1431 |
|
the judge of a court of record, and except as provided in
division | 1432 |
|
(C) of this section, a record showing the name,
residence, sex, | 1433 |
|
age, nativity, occupation, condition, and date of
entrance or | 1434 |
|
commitment of every inmate in the several
institutions governed by | 1435 |
|
it. The record also shall include the
date, cause, and terms of | 1436 |
|
discharge and the condition of such
person at the time of leaving, | 1437 |
|
a record of all transfers from one
institution to another, and, if | 1438 |
|
such inmate is dead, the date and
cause of death. These and other | 1439 |
|
facts that the department
requires shall be furnished by the | 1440 |
|
managing officer of each
institution within ten days after the | 1441 |
|
commitment, entrance,
death, or discharge of an inmate. | 1442 |
| (2) A separate medical record of every inmate in an | 1452 |
|
institution governed by the department shall be compiled, | 1453 |
|
maintained, and kept apart from and independently of any other | 1454 |
|
record pertaining to the inmate. Upon the signed written request | 1455 |
|
of the inmate to whom the record pertains together with the | 1456 |
|
written request of either a licensed attorney at law or a
licensed | 1457 |
|
physician designated by the inmate, the department shall
make the | 1458 |
|
inmate's medical record available to the designated
attorney or | 1459 |
|
physician. The record may be inspected or copied by
the inmate's | 1460 |
|
designated attorney or physician. The department
may establish a | 1461 |
|
reasonable fee for the copying of any medical
record. If a | 1462 |
|
physician concludes that presentation of all or any
part of the | 1463 |
|
medical record directly to the inmate will result in
serious | 1464 |
|
medical harm to the inmate, the physician shall so
indicate on the | 1465 |
|
medical record. An inmate's medical record shall be made | 1466 |
|
available to a physician or to an attorney designated in writing | 1467 |
|
by the inmate not more than once every twelve months. | 1468 |
| Sec. 5120.38. Subject to the rules of the
department of | 1512 |
|
rehabilitation and correction, each institution
under the | 1513 |
|
department's jurisdiction other than an institution operated | 1514 |
|
pursuant to a contract entered into under section 9.06 of the | 1515 |
|
Revised Code
shall be under the control of
a managing officer | 1516 |
|
known as a warden or other
appropriate
title. The managing | 1517 |
|
officer shall be appointed by the
director
of the department of | 1518 |
|
rehabilitation and correction and shall be
in the unclassified | 1519 |
|
service and serve at the pleasure of the
director. Appointment to | 1520 |
|
the position of managing officer shall
be made from persons who | 1521 |
|
have criminal justice experience. | 1522 |
| A person who is appointed to the position of
managing officer | 1523 |
|
from a position in the classified service shall retain
the
right | 1524 |
|
to resume the status that the person held in
the classified | 1525 |
|
service immediately prior to the appointment. Upon being
relieved | 1526 |
|
of the person's duties as managing officer, the
person shall be | 1527 |
|
reinstated to the position in the classified service that the | 1528 |
|
person
held
immediately prior to the appointment to the position | 1529 |
|
of
managing
officer or to another position that the
director, with | 1530 |
|
approval of the state department of administrative
services, | 1531 |
|
certifies as being
substantially equal to that prior position. | 1532 |
|
Service as a
managing
officer shall be counted as service in the | 1533 |
|
position in the
classified service held by the person immediately | 1534 |
|
preceding
the
person's
appointment as managing officer. A person | 1535 |
|
who
is reinstated
to a position in the classified service, as | 1536 |
|
provided in this
section, shall be entitled to all rights and | 1537 |
|
emoluments
accruing to the position during the time of the | 1538 |
|
person's
service as
managing officer. | 1539 |
| (B) For purposes of determining whether visitors to an | 1568 |
|
institution under the control of the department of rehabilitation | 1569 |
|
and correction are knowingly conveying, or attempting to convey, | 1570 |
|
onto the grounds of the institution any deadly weapon, dangerous | 1571 |
ordnance, drug of abuse,
or intoxicating liquor, or electronic | 1572 |
|
communications device in violation of
section 2921.36 of the | 1573 |
|
Revised Code, the department may adopt
rules, pursuant to Chapter | 1574 |
|
119. of the Revised Code, that are
consistent with this section. | 1575 |
| (C) For the purposes described in division (B) of this | 1576 |
|
section, visitors who are entering or have entered an institution | 1577 |
|
under the control of the department of rehabilitation and | 1578 |
|
correction may be searched by the use of a magnetometer or
similar | 1579 |
|
device, by a pat-down of the visitor's person that is
conducted by | 1580 |
|
a person of the same sex as that of the visitor, and
by an | 1581 |
|
examination of the contents of pockets, bags, purses,
packages, | 1582 |
|
and other containers proposed to be conveyed or already
conveyed | 1583 |
|
onto the grounds of the institution. Searches of
visitors | 1584 |
|
authorized by this division may be conducted without
cause, but | 1585 |
|
shall be conducted uniformly or by automatic random
selection. | 1586 |
|
Discriminatory or arbitrary selection searches of
visitors are | 1587 |
|
prohibited under this division. | 1588 |
| (D) For the purposes described in division (B) of this | 1589 |
|
section, visitors who are entering or have entered an institution | 1590 |
|
under the control of the department of rehabilitation and | 1591 |
|
correction may be searched by a strip or body cavity search, but | 1592 |
|
only under the circumstances described in this division. In
order | 1593 |
|
for a strip or body cavity search to be conducted of a
visitor, | 1594 |
|
the highest officer present in the institution shall
expressly | 1595 |
|
authorize the search on the basis of a reasonable
suspicion, based | 1596 |
|
on specific objective facts and reasonable
inferences drawn from | 1597 |
|
those facts in the light of experience,
that a visitor proposed to | 1598 |
|
be so searched possesses, and intends
to convey or already has | 1599 |
conveyed, a deadly weapon, dangerous
ordnance, drug of abuse,
or | 1600 |
|
intoxicating liquor, or electronic communications device onto the | 1601 |
|
grounds
of the institution in violation of section 2921.36 of the | 1602 |
|
Revised
Code. | 1603 |
| Except as otherwise provided in this division, prior to the | 1604 |
|
conduct of the strip or body cavity search, the highest officer | 1605 |
|
present in the institution shall cause the visitor to be provided | 1606 |
|
with a written statement that sets forth the specific objective | 1607 |
|
facts upon which the proposed search is based. In the case of an | 1608 |
|
emergency under which time constraints make it impossible to | 1609 |
|
prepare the written statement before the conduct of the proposed | 1610 |
|
search, the highest officer in the institution instead shall
cause | 1611 |
|
the visitor to be orally informed of the specific objective
facts | 1612 |
|
upon which the proposed search is based prior to its
conduct, and | 1613 |
|
shall cause the preparation of the written statement
and its | 1614 |
|
provision to the visitor within twenty-four hours after
the | 1615 |
|
conduct of the search. Both the highest officer present in
the | 1616 |
|
institution and the visitor shall retain a copy of a written | 1617 |
|
statement provided in accordance with this division. | 1618 |
| Sec. 5120.48. (A) If a prisoner escapes from a state | 1628 |
|
correctional institution,
the managing officer of the institution, | 1629 |
|
after consultation with and upon the
advice of appropriate law | 1630 |
|
enforcement officials, shall assign and deploy into
the community | 1631 |
|
appropriate staff persons necessary to apprehend the prisoner.
| 1632 |
|
Correctional officers and officials may carry firearms when | 1633 |
|
required in the
discharge of their duties in apprehending, taking | 1634 |
|
into custody, or
transporting to a place of confinement a prisoner | 1635 |
|
who has escaped from a state
correctional institution. | 1636 |
| (B) If a prisoner is released from a state correctional | 1637 |
|
institution prior to the lawful end of the person's prison term or | 1638 |
|
term of imprisonment, whether by error, inadvertence, fraud, or | 1639 |
|
any other cause except a lawful parole, the managing officer of | 1640 |
|
the institution, after consulting with the bureau of sentence | 1641 |
|
computation, shall notify the chief of the adult parole authority, | 1642 |
|
the office of victim services of the division of parole and | 1643 |
|
community services, and the sentencing court of the mistaken | 1644 |
|
release. Upon the direction of the chief, or the chief's | 1645 |
|
designee, field officers of the authority may arrest the prisoner | 1646 |
|
without a warrant and return the prisoner to the state | 1647 |
|
correctional institution to complete the balance of the prisoner's | 1648 |
|
sentence. The chief of the adult parole authority, or the chief's | 1649 |
|
designee, may require the assistance of any peace officer or law | 1650 |
|
enforcement officer in the apprehension of a prisoner of that | 1651 |
|
nature. | 1652 |
| (B) For purposes of determining whether visitors to an | 1704 |
|
institution under the control of the department of youth services | 1705 |
|
are knowingly conveying, or attempting to convey, onto the
grounds | 1706 |
|
of the institution any deadly weapon, dangerous ordnance,
drug of | 1707 |
abuse,
or intoxicating liquor, or electronic communications device | 1708 |
|
in violation of section
2921.36 of the Revised Code, the | 1709 |
|
department may adopt rules,
pursuant to Chapter 119. of the | 1710 |
|
Revised Code, that are consistent
with this section. | 1711 |
| (C) For the purposes described in division (B) of this | 1712 |
|
section, visitors who are entering or have entered an institution | 1713 |
|
under the control of the department of youth services may be | 1714 |
|
searched by the use of a magnetometer or similar device, by a | 1715 |
|
pat-down of the visitor's person that is conducted by a person of | 1716 |
|
the same sex as that of the visitor, and by an examination of the | 1717 |
|
contents of pockets, bags, purses, packages, and other containers | 1718 |
|
proposed to be conveyed or already conveyed onto the grounds of | 1719 |
|
the institution. Searches of visitors authorized by this
division | 1720 |
|
may be conducted without cause, but shall be conducted
uniformly | 1721 |
|
or by automatic random selection. Discriminatory or
arbitrary | 1722 |
|
selection searches of visitors are prohibited under
this division. | 1723 |
| (D) For the purposes described in division (B) of this | 1724 |
|
section, visitors who are entering or have entered an institution | 1725 |
|
under the control of the department of youth services may be | 1726 |
|
searched by a strip or body cavity search, but only under the | 1727 |
|
circumstances described in this division. In order for a strip
or | 1728 |
|
body cavity search to be conducted of a visitor, the highest | 1729 |
|
officer present in the institution shall expressly authorize the | 1730 |
|
search on the basis of a reasonable suspicion, based on specific | 1731 |
|
objective facts and reasonable inferences drawn from those facts | 1732 |
|
in the light of experience, that a visitor proposed to be so | 1733 |
|
searched possesses, and intends to convey or already has
conveyed, | 1734 |
a deadly weapon, dangerous ordnance, drug of abuse,
or | 1735 |
|
intoxicating liquor, or electronics communication device onto the | 1736 |
|
grounds of the institution in
violation of section 2921.36 of the | 1737 |
|
Revised Code. | 1738 |
| Except as otherwise provided in this division, prior to the | 1739 |
|
conduct of the strip or body cavity search, the highest officer | 1740 |
|
present in the institution shall cause the visitor to be provided | 1741 |
|
with a written statement that sets forth the specific objective | 1742 |
|
facts upon which the proposed search is based. In the case of an | 1743 |
|
emergency under which time constraints make it impossible to | 1744 |
|
prepare the written statement before the conduct of the proposed | 1745 |
|
search, the highest officer in the institution instead shall
cause | 1746 |
|
the visitor to be orally informed of the specific objective
facts | 1747 |
|
upon which the proposed search is based prior to its
conduct, and | 1748 |
|
shall cause the preparation of the written statement
and its | 1749 |
|
provision to the visitor within twenty-four hours after
the | 1750 |
|
conduct of the search. Both the highest officer present in
the | 1751 |
|
institution and the visitor shall retain a copy of a written | 1752 |
|
statement provided in accordance with this division. | 1753 |
| Sec. 5145.06. (A) The department of rehabilitation and | 1764 |
|
correction
shall establish
and operate a school system that is | 1765 |
|
approved and chartered by the department
of education and | 1766 |
|
designated as the Ohio central school system to serve all of
the | 1767 |
|
correctional institutions under its control. The Ohio central | 1768 |
|
school
system shall provide educational programs for prisoners to | 1769 |
|
allow them to
complete adult basic education courses, earn Ohio | 1770 |
|
certificates of high school
equivalence, or pursue vocational | 1771 |
|
training. To that end, the department may
employ appropriately | 1772 |
|
certified teachers, administrators, and support staff.
The | 1773 |
|
department shall provide classrooms, shops, and other appropriate | 1774 |
|
facilities and necessary furniture, books, stationery, supplies, | 1775 |
|
and
equipment. | 1776 |
| (C) The department of rehabilitation and correction may | 1796 |
|
exclude certain prisoners from the requirement to take courses | 1797 |
|
pursuant to division (B)(1) of this section for a clearly | 1798 |
|
established medical, mental health, or security reason. Any | 1799 |
|
exclusion under this division shall be only for a clearly | 1800 |
|
established medical, mental health, or security reason. Within | 1801 |
|
six months after the effective date of this amendment, the | 1802 |
|
department shall adopt rules pursuant to Chapter 119. of the | 1803 |
|
Revised Code to establish the criteria and procedures for an | 1804 |
|
exclusion under this division. | 1805 |
| (C) The policy of insurance required by this section shall | 1821 |
|
provide benefit payments for any inmate who sustains a compensable | 1822 |
|
injury while
participating in the program. The benefit payments | 1823 |
|
shall compensate the inmate for any
temporary or permanent loss | 1824 |
|
of earning capacity that results from a compensable injury. The | 1825 |
|
benefits
shall be awarded upon the inmate's release from prison by | 1826 |
|
parole
or final discharge. The policy of insurance shall provide | 1827 |
|
coverage
for injuries occurring during activities that
are an | 1828 |
|
integral part of the inmate's participation in the program | 1829 |
|
production. The policy of insurance shall not pay benefits for | 1830 |
|
injuries occurring as the result of a fight, assault, horseplay, | 1831 |
|
or other activity that is prohibited by the department's or | 1832 |
|
institution's inmate conduct rules. | 1833 |
|
(F) Any inmate participating in the federal prison | 1843 |
|
industries enhancement certification program is ineligible to | 1844 |
|
receive compensation or benefits under Chapters 4121., 4123., | 1845 |
|
4127., or 4131. of the Revised Code for any injury, death, or | 1846 |
|
occupational disease received in the course of, and arising out | 1847 |
|
of, participation in that program. Any claim for an
injury | 1848 |
|
arising from an inmate's participation in the program is | 1849 |
|
specifically
excluded from the jurisdiction of the Ohio bureau of | 1850 |
|
workers'
compensation and the industrial commission of Ohio. | 1851 |
| Sec. 5149.02. There is hereby created in the division of | 1860 |
|
parole and community services of the department of rehabilitation | 1861 |
|
and correction at bureau level an adult parole authority. The | 1862 |
adult parole authority consists of its chief, a
parole
supervision | 1863 |
field services section,
a probation development and supervision | 1864 |
section, and a parole board. The director of rehabilitation and | 1865 |
|
correction
shall appoint the chief of the adult parole authority, | 1866 |
the superintendent of
the parole supervision section, the | 1867 |
superintendentone or more superintendents of the
probation | 1868 |
development and supervisionfield services section, and the | 1869 |
chairmanchairperson of the parole board, all
of whom shall serve | 1870 |
|
at the pleasure of the director and shall be in the
unclassified | 1871 |
|
civil service. | 1872 |
(B) The superintendent, or superintendents, of the
parole | 1896 |
supervisionfield services section shall be a person, or persons, | 1897 |
|
especially qualified by training and experience in the
field of | 1898 |
correctioncorrections.
HeThe superintendent, or superintendents, | 1899 |
|
shall supervise the
work of the section
and shall formulate and | 1900 |
execute an effective program of
paroleoffender
supervision.
He | 1901 |
| The superintendent, or superintendents, shall collect and
preserve | 1902 |
any records and
statistics with respect to
paroleesoffenders that | 1903 |
|
are required by the
chief of the authority.
The section also shall | 1904 |
|
include other personnel who are necessary for the performance of | 1905 |
|
the section's duties. | 1906 |
| (B) The adult parole authority probation services fund
shall | 1933 |
|
be created in the state treasury. The fund shall consist
of all | 1934 |
|
moneys that are paid to the treasurer of any county under
section | 1935 |
|
2951.021 of the Revised Code for deposit into the
county's | 1936 |
|
probation services fund established under division
(A)(1) of | 1937 |
|
section 321.44 of the Revised Code and that
subsequently are | 1938 |
|
appropriated and transferred to the adult parole
authority | 1939 |
|
probation services fund under division (A)(2) of that
section.
The | 1940 |
|
chief of the adult parole authority, with the
approval of the | 1941 |
|
director of the department of rehabilitation and
correction, shall | 1942 |
|
use the money contained in the adult parole
authority probation | 1943 |
|
services fund for probation-related expenses
in the counties for | 1944 |
|
which the authority provides probation
services.
Probation-related | 1945 |
|
expenses may include specialized
staff, purchase
of equipment, | 1946 |
|
purchase of services,
reconciliation programs for
victims and | 1947 |
|
offenders, other
treatment programs, including alcohol
and drug | 1948 |
|
addiction programs
certified under section 3793.06 of the
Revised | 1949 |
|
Code, determined
to be appropriate by the chief of the
authority, | 1950 |
|
and other
similar probation-related expenses. | 1951 |
| Sec. 5149.10. (A) The parole board shall consist of
up to | 1952 |
|
twelve
members, one of
whom shall be designated as chairperson by | 1953 |
|
the
director of the department of rehabilitation and correction | 1954 |
|
and
who shall continue as chairperson until a successor is | 1955 |
|
designated,
and any other personnel that are necessary for the | 1956 |
|
orderly
performance of the duties of the board. In addition to | 1957 |
|
the rules
authorized by section 5149.02 of the Revised Code, the | 1958 |
|
chief of
the adult parole authority, subject to the approval of | 1959 |
|
the
chief
of the division of parole and community services and | 1960 |
|
subject to
this
section, shall adopt
rules governing the | 1961 |
|
proceedings of the
parole board. The rules
shall provide for the | 1962 |
|
convening of full
board hearings,
the procedures to be followed in | 1963 |
|
full board
hearings, and general procedures to be followed in | 1964 |
|
other hearings
of the board and by the board's hearing officers. | 1965 |
|
The rules also
shall
require agreement by a majority of all the | 1966 |
|
board members to
any
recommendation of clemency transmitted to the | 1967 |
|
governor. | 1968 |
| The initial appointment shall be for a term ending four years | 1989 |
|
after the
effective date of this amendment. Thereafter, the term | 1990 |
|
of office of the
member appointed
under this division shall be for | 1991 |
|
four years, with each term ending on the same
day of the same | 1992 |
|
month as did the term that it succeeds. The member
shall hold | 1993 |
|
office from the date of appointment until the
end of the term for | 1994 |
|
which the member was appointed and
may be reappointed. Vacancies | 1995 |
|
shall be filled in the manner provided for
original appointments. | 1996 |
|
Any member appointed under this division to fill a
vacancy | 1997 |
|
occurring prior to the expiration date of the term for which the | 1998 |
|
member's
predecessor was appointed shall hold office as a member | 1999 |
|
for the remainder of
that term. The member appointed under this | 2000 |
|
division shall continue in office
subsequent to the expiration | 2001 |
|
date of the member's term until the member's
successor takes | 2002 |
|
office or until a period of sixty days has elapsed, whichever | 2003 |
|
occurs first. | 2004 |
The authority shall collect and publish statistical and
other | 2037 |
information and make recommendations as to the operation of
the | 2038 |
probation and parole system. It shall keep itself informed
as to | 2039 |
the work of probation and parole officers, and shall
inquire into | 2040 |
their conduct and efficiency. It may require
reports from | 2041 |
probation officers on blanks which it furnishes. It
shall each | 2042 |
year inform the courts and probation and parole
officers of any | 2043 |
legislation directly affecting probation or
parole, and shall each | 2044 |
year publish a list of all probation and
parole officers. It | 2045 |
shall endeavor, by such means as seem most
suitable, to secure the | 2046 |
effective application of the probation
and parole system and | 2047 |
enforcement of the probation and parole law
in all parts of the | 2048 |
state. | 2049 |
| Section 2. That existing sections 2151.421, 2301.54, | 2056 |
|
2907.03, 2921.36, 2933.41, 2949.06, 2951.03, 2967.14, 2967.27, | 2057 |
|
2967.28,
3101.05, 5120.01, 5120.21, 5120.38, 5120.421, 5120.48, | 2058 |
|
5120.60, 5139.251, 5145.06,
5149.02, 5149.04, 5149.06, 5149.10, | 2059 |
|
and 5149.12 of the Revised
Code are hereby repealed. | 2060 |