H. B. No. 4 As Introduced

Representative Dolan

A BILL

To amend section 181.52 of the Revised Code to create 1
the Ohio Incident-Based Reporting System in the 2
Office of Criminal Justice Services and to require 3
that law enforcement agencies that receive certain 4
types of funding participate in the system or in 5
the Uniform Crime Reporting Program of the F.B.I. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 181.52 of the Revised Code be amended 7
to read as follows: 8

       Sec. 181.52. (A) There is hereby created an office of 9
criminal justice services. The governor shall appoint a director 10
of the office, and the director may appoint, within the office, 11
any professional and technical personnel and other employees that 12
are necessary to enable the office to comply with sections 181.51 13
to 181.56 of the Revised Code. The director and the assistant 14
director of the office, and all professional and technical 15
personnel employed within the office who are not public employees 16
as defined in section 4117.01 of the Revised Code, shall be in the 17
unclassified civil service, and all other persons employed within 18
the office shall be in the classified civil service. The director 19
may enter into any contracts, except contracts governed by Chapter 20
4117. of the Revised Code, that are necessary for the operation of 21
the office. 22

       (B) Subject to division ~~(E)~~(F) of this section and subject to 23
divisions (D) to (F) of section 5120.09 of the Revised Code 24
insofar as those divisions relate to federal criminal justice acts 25
that the governor requires the department of rehabilitation and 26
correction to administer, the office of criminal justice services 27
shall do all of the following: 28

       (1) Serve as the state criminal justice services agency and 29
perform criminal justice system planning in the state, including 30
any planning that is required by any federal law; 31

       (2) Collect, analyze, and correlate information and data 32
concerning the criminal justice system in the state; 33

       (3) Cooperate with and provide technical assistance to state 34
departments, administrative planning districts, metropolitan 35
county criminal justice services agencies, criminal justice 36
coordinating councils, agencies, offices, and departments of the 37
criminal justice system in the state, and other appropriate 38
organizations and persons; 39

       (4) Encourage and assist agencies, offices, and departments 40
of the criminal justice system in the state and other appropriate 41
organizations and persons to solve problems that relate to the 42
duties of the office; 43

       (5) Administer within the state any federal criminal justice 44
acts that the governor requires it to administer; 45

       (6) Administer funds received under the "Family Violence 46
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. 47
10401, as amended, with all powers necessary for the adequate 48
administration of those funds, including the authority to 49
establish a family violence prevention and services program. 50

       (7) Implement the state comprehensive plans; 51

       (8) Audit grant activities of agencies, offices, 52
organizations, and persons that are financed in whole or in part 53
by funds granted through the office; 54

       (9) Monitor or evaluate the performance of criminal justice 55
system projects and programs in the state that are financed in 56
whole or in part by funds granted through the office; 57

       (10) Apply for, allocate, disburse, and account for grants 58
that are made available pursuant to federal criminal justice acts, 59
or made available from other federal, state, or private sources, 60
to improve the criminal justice system in the state. All money 61
from such federal grants shall, if the terms under which the money 62
is received require that the money be deposited into an 63
interest-bearing fund or account, be deposited in the state 64
treasury to the credit of the federal program purposes fund, which 65
is hereby created. All investment earnings of the fund shall be 66
credited to the fund. 67

       (11) Contract with federal, state, and local agencies, 68
foundations, corporations, businesses, and persons when necessary 69
to carry out the duties of the office; 70

       (12) Oversee the activities of metropolitan county criminal 71
justice services agencies, administrative planning districts, and 72
criminal justice coordinating councils in the state; 73

       (13) Advise the general assembly and governor on legislation 74
and other significant matters that pertain to the improvement and 75
reform of criminal and juvenile justice systems in the state; 76

       (14) Prepare and recommend legislation to the general 77
assembly and governor for the improvement of the criminal and 78
juvenile justice systems in the state; 79

       (15) Assist, advise, and make any reports that are requested 80
or required by the governor, attorney general, or general 81
assembly; 82

       (16) Develop and maintain the Ohio incident-based reporting 83
system in accordance with division (C) of this section; 84

        (17) Adopt rules pursuant to Chapter 119. of the Revised 85
Code. 86

       (C) The office of criminal justice services shall develop and 87
maintain the Ohio incident-based reporting system to facilitate 88
the sharing of information with the federal bureau of 89
investigation and participating law enforcement agencies in Ohio. 90
The Ohio incident-based reporting system shall be known as OIBRS. 91
In connection with OIBRS, the office shall do all of the 92
following: 93

        (1) Collect and organize data for reporting to the national 94
incident-based reporting system operated by the federal bureau of 95
investigation; 96

        (2) Analyze and highlight mapping data for participating law 97
enforcement agencies; 98

        (3) Distribute data and analyses to participating law 99
enforcement agencies; 100

        (4) Encourage nonparticipating law enforcement agencies to 101
participate in OIBRS by offering demonstrations, training, and 102
technical assistance; 103

        (5) Help develop the Ohio law enforcement information sharing 104
initiative in cooperation with the department of public safety, 105
the attorney general, the Ohio association of chiefs of police, 106
and the buckeye state sheriff's association and, upon request of 107
the governor, administer within the state any other information 108
sharing programs related to OIBRS; 109

        (6) Provide assistance, advice, and reports requested by the 110
governor, the general assembly, or the federal bureau of 111
investigation; 112

        (7) Require every law enforcement agency that receives 113
federal criminal justice grants or state criminal justice 114
information system general revenue funds through the office to 115
participate in OIBRS or in the uniform crime reporting program of 116
the federal bureau of investigation. 117

        (D) Upon the request of the governor, the office of criminal 118
justice services may do any of the following: 119

       (1) Collect, analyze, or correlate information and data 120
concerning the juvenile justice system in the state; 121

       (2) Cooperate with and provide technical assistance to state 122
departments, administrative planning districts, metropolitan 123
county criminal justice service agencies, criminal justice 124
coordinating councils, agency offices, and the departments of the 125
juvenile justice system in the state and other appropriate 126
organizations and persons; 127

       (3) Encourage and assist agencies, offices, and departments 128
of the juvenile justice system in the state and other appropriate 129
organizations and persons to solve problems that relate to the 130
duties of the office. 131

       ~~(D)~~(E) Divisions (B) ~~and~~, (C), and (D) of this section do not 132
limit the discretion or authority of the attorney general with 133
respect to crime victim assistance and criminal justice programs. 134

       ~~(E)~~(F) Nothing in this section is intended to diminish or 135
alter the status of the office of the attorney general as a 136
criminal justice services agency or to diminish or alter the 137
status or discourage the development and use of other law 138
enforcement information systems in Ohio. 139

       Section 2. That existing section 181.52 of the Revised Code 140
is hereby repealed. 141

Section 1. That section 181.52 of the Revised Code be amended	7
to read as follows:	8

Sec. 181.52. (A) There is hereby created an office of	9
criminal justice services. The governor shall appoint a director	10
of the office, and the director may appoint, within the office,	11
any professional and technical personnel and other employees that	12
are necessary to enable the office to comply with sections 181.51	13
to 181.56 of the Revised Code. The director and the assistant	14
director of the office, and all professional and technical	15
personnel employed within the office who are not public employees	16
as defined in section 4117.01 of the Revised Code, shall be in the	17
unclassified civil service, and all other persons employed within	18
the office shall be in the classified civil service. The director	19
may enter into any contracts, except contracts governed by Chapter	20
4117. of the Revised Code, that are necessary for the operation of	21
the office.	22

(B) Subject to division ~~(E)~~(F) of this section and subject to	23
divisions (D) to (F) of section 5120.09 of the Revised Code	24
insofar as those divisions relate to federal criminal justice acts	25
that the governor requires the department of rehabilitation and	26
correction to administer, the office of criminal justice services	27
shall do all of the following:	28

(1) Serve as the state criminal justice services agency and	29
perform criminal justice system planning in the state, including	30
any planning that is required by any federal law;	31

(2) Collect, analyze, and correlate information and data	32
concerning the criminal justice system in the state;	33

(3) Cooperate with and provide technical assistance to state	34
departments, administrative planning districts, metropolitan	35
county criminal justice services agencies, criminal justice	36
coordinating councils, agencies, offices, and departments of the	37
criminal justice system in the state, and other appropriate	38
organizations and persons;	39

(4) Encourage and assist agencies, offices, and departments	40
of the criminal justice system in the state and other appropriate	41
organizations and persons to solve problems that relate to the	42
duties of the office;	43

(5) Administer within the state any federal criminal justice	44
acts that the governor requires it to administer;	45

(6) Administer funds received under the "Family Violence	46
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	47
10401, as amended, with all powers necessary for the adequate	48
administration of those funds, including the authority to	49
establish a family violence prevention and services program.	50

(8) Audit grant activities of agencies, offices,	52
organizations, and persons that are financed in whole or in part	53
by funds granted through the office;	54

(9) Monitor or evaluate the performance of criminal justice	55
system projects and programs in the state that are financed in	56
whole or in part by funds granted through the office;	57

(10) Apply for, allocate, disburse, and account for grants	58
that are made available pursuant to federal criminal justice acts,	59
or made available from other federal, state, or private sources,	60
to improve the criminal justice system in the state. All money	61
from such federal grants shall, if the terms under which the money	62
is received require that the money be deposited into an	63
interest-bearing fund or account, be deposited in the state	64
treasury to the credit of the federal program purposes fund, which	65
is hereby created. All investment earnings of the fund shall be	66
credited to the fund.	67

(11) Contract with federal, state, and local agencies,	68
foundations, corporations, businesses, and persons when necessary	69
to carry out the duties of the office;	70

(12) Oversee the activities of metropolitan county criminal	71
justice services agencies, administrative planning districts, and	72
criminal justice coordinating councils in the state;	73

(13) Advise the general assembly and governor on legislation	74
and other significant matters that pertain to the improvement and	75
reform of criminal and juvenile justice systems in the state;	76

(14) Prepare and recommend legislation to the general	77
assembly and governor for the improvement of the criminal and	78
juvenile justice systems in the state;	79

(15) Assist, advise, and make any reports that are requested	80
or required by the governor, attorney general, or general	81
assembly;	82

(16) Develop and maintain the Ohio incident-based reporting	83
system in accordance with division (C) of this section;	84

(17) Adopt rules pursuant to Chapter 119. of the Revised	85
Code.	86

(C) The office of criminal justice services shall develop and	87
maintain the Ohio incident-based reporting system to facilitate	88
the sharing of information with the federal bureau of	89
investigation and participating law enforcement agencies in Ohio.	90
The Ohio incident-based reporting system shall be known as OIBRS.	91
In connection with OIBRS, the office shall do all of the	92
following:	93

(1) Collect and organize data for reporting to the national	94
incident-based reporting system operated by the federal bureau of	95
investigation;	96

(2) Analyze and highlight mapping data for participating law	97
enforcement agencies;	98

(3) Distribute data and analyses to participating law	99
enforcement agencies;	100

(4) Encourage nonparticipating law enforcement agencies to	101
participate in OIBRS by offering demonstrations, training, and	102
technical assistance;	103

(5) Help develop the Ohio law enforcement information sharing	104
initiative in cooperation with the department of public safety,	105
the attorney general, the Ohio association of chiefs of police,	106
and the buckeye state sheriff's association and, upon request of	107
the governor, administer within the state any other information	108
sharing programs related to OIBRS;	109

(6) Provide assistance, advice, and reports requested by the	110
governor, the general assembly, or the federal bureau of	111
investigation;	112

(7) Require every law enforcement agency that receives	113
federal criminal justice grants or state criminal justice	114
information system general revenue funds through the office to	115
participate in OIBRS or in the uniform crime reporting program of	116
the federal bureau of investigation.	117

(D) Upon the request of the governor, the office of criminal	118
justice services may do any of the following:	119

(1) Collect, analyze, or correlate information and data	120
concerning the juvenile justice system in the state;	121

(2) Cooperate with and provide technical assistance to state	122
departments, administrative planning districts, metropolitan	123
county criminal justice service agencies, criminal justice	124
coordinating councils, agency offices, and the departments of the	125
juvenile justice system in the state and other appropriate	126
organizations and persons;	127