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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, in the | 5 |
Uniform Crime Reporting Program of the F.B.I., or | 6 |
in the Ohio Local Law Enforcement Information | 7 |
Sharing Network. | 8 |
Section 1. That section 181.52 of the Revised Code be amended | 9 |
to read as follows: | 10 |
Sec. 181.52. (A) There is hereby created an office of | 11 |
criminal justice services. The governor shall appoint a director | 12 |
of the office, and the director may appoint, within the office, | 13 |
any professional and technical personnel and other employees that | 14 |
are necessary to enable the office to comply with sections 181.51 | 15 |
to 181.56 of the Revised Code. The director and the assistant | 16 |
director of the office, and all professional and technical | 17 |
personnel employed within the office who are not public employees | 18 |
as defined in section 4117.01 of the Revised Code, shall be in the | 19 |
unclassified civil service, and all other persons employed within | 20 |
the office shall be in the classified civil service. The director | 21 |
may enter into any contracts, except contracts governed by Chapter | 22 |
4117. of the Revised Code, that are necessary for the operation of | 23 |
the office. | 24 |
(B) Subject to division
| 25 |
divisions (D) to (F) of section 5120.09 of the Revised Code | 26 |
insofar as those divisions relate to federal criminal justice acts | 27 |
that the governor requires the department of rehabilitation and | 28 |
correction to administer, the office of criminal justice services | 29 |
shall do all of the following: | 30 |
(1) Serve as the state criminal justice services agency and | 31 |
perform criminal justice system planning in the state, including | 32 |
any planning that is required by any federal law; | 33 |
(2) Collect, analyze, and correlate information and data | 34 |
concerning the criminal justice system in the state; | 35 |
(3) Cooperate with and provide technical assistance to state | 36 |
departments, administrative planning districts, metropolitan | 37 |
county criminal justice services agencies, criminal justice | 38 |
coordinating councils, agencies, offices, and departments of the | 39 |
criminal justice system in the state, and other appropriate | 40 |
organizations and persons; | 41 |
(4) Encourage and assist agencies, offices, and departments | 42 |
of the criminal justice system in the state and other appropriate | 43 |
organizations and persons to solve problems that relate to the | 44 |
duties of the office; | 45 |
(5) Administer within the state any federal criminal justice | 46 |
acts that the governor requires it to administer; | 47 |
(6) Administer funds received under the "Family Violence | 48 |
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 49 |
10401, as amended, with all powers necessary for the adequate | 50 |
administration of those funds, including the authority to | 51 |
establish a family violence prevention and services program. | 52 |
(7) Implement the state comprehensive plans; | 53 |
(8) Audit grant activities of agencies, offices, | 54 |
organizations, and persons that are financed in whole or in part | 55 |
by funds granted through the office; | 56 |
(9) Monitor or evaluate the performance of criminal justice | 57 |
system projects and programs in the state that are financed in | 58 |
whole or in part by funds granted through the office; | 59 |
(10) Apply for, allocate, disburse, and account for grants | 60 |
that are made available pursuant to federal criminal justice acts, | 61 |
or made available from other federal, state, or private sources, | 62 |
to improve the criminal justice system in the state. All money | 63 |
from such federal grants shall, if the terms under which the money | 64 |
is received require that the money be deposited into an | 65 |
interest-bearing fund or account, be deposited in the state | 66 |
treasury to the credit of the federal program purposes fund, which | 67 |
is hereby created. All investment earnings of the fund shall be | 68 |
credited to the fund. | 69 |
(11) Contract with federal, state, and local agencies, | 70 |
foundations, corporations, businesses, and persons when necessary | 71 |
to carry out the duties of the office; | 72 |
(12) Oversee the activities of metropolitan county criminal | 73 |
justice services agencies, administrative planning districts, and | 74 |
criminal justice coordinating councils in the state; | 75 |
(13) Advise the general assembly and governor on legislation | 76 |
and other significant matters that pertain to the improvement and | 77 |
reform of criminal and juvenile justice systems in the state; | 78 |
(14) Prepare and recommend legislation to the general | 79 |
assembly and governor for the improvement of the criminal and | 80 |
juvenile justice systems in the state; | 81 |
(15) Assist, advise, and make any reports that are requested | 82 |
or required by the governor, attorney general, or general | 83 |
assembly; | 84 |
(16) Develop and maintain the Ohio incident-based reporting | 85 |
system in accordance with division (C) of this section; | 86 |
(17) Adopt rules pursuant to Chapter 119. of the Revised | 87 |
Code. | 88 |
(C) The office of criminal justice services shall develop and | 89 |
maintain the Ohio incident-based reporting system to facilitate | 90 |
the sharing of information with the federal bureau of | 91 |
investigation and participating law enforcement agencies in Ohio. | 92 |
The Ohio incident-based reporting system shall be known as OIBRS. | 93 |
In connection with OIBRS, the office shall do all of the | 94 |
following: | 95 |
(1) Collect and organize statistical data for reporting to | 96 |
the national incident-based reporting system operated by the | 97 |
federal bureau of investigation for the purpose of securing | 98 |
federal criminal justice grants; | 99 |
(2) Analyze and highlight mapping data for participating law | 100 |
enforcement agencies; | 101 |
(3) Distribute data and analyses to participating law | 102 |
enforcement agencies; | 103 |
(4) Encourage nonparticipating law enforcement agencies to | 104 |
participate in OIBRS by offering demonstrations, training, and | 105 |
technical assistance; | 106 |
(5) Provide assistance, advice, and reports requested by the | 107 |
governor, the general assembly, or the federal bureau of | 108 |
investigation; | 109 |
(6) Require every law enforcement agency that receives | 110 |
federal criminal justice grants or state criminal justice | 111 |
information system general revenue funds through the office to | 112 |
participate in OIBRS or in the uniform crime reporting program of | 113 |
the federal bureau of investigation. An agency that submits OIBRS | 114 |
data to the Ohio local law enforcement information sharing network | 115 |
shall be considered to be in compliance with division (C)(6) of | 116 |
this section if both of the following apply: | 117 |
(a) The Ohio local law enforcement information sharing | 118 |
network is capable of collecting OIBRS data. | 119 |
(b) The office of criminal justice services has the ability | 120 |
to extract the OIBRS data for reporting to the national | 121 |
incident-based reporting system in the manner required by the | 122 |
federal bureau of investigation. | 123 |
(D) Upon the request of the governor, the office of criminal | 124 |
justice services may do any of the following: | 125 |
(1) Collect, analyze, or correlate information and data | 126 |
concerning the juvenile justice system in the state; | 127 |
(2) Cooperate with and provide technical assistance to state | 128 |
departments, administrative planning districts, metropolitan | 129 |
county criminal justice service agencies, criminal justice | 130 |
coordinating councils, agency offices, and the departments of the | 131 |
juvenile justice system in the state and other appropriate | 132 |
organizations and persons; | 133 |
(3) Encourage and assist agencies, offices, and departments | 134 |
of the juvenile justice system in the state and other appropriate | 135 |
organizations and persons to solve problems that relate to the | 136 |
duties of the office. | 137 |
| 138 |
limit the discretion or authority of the attorney general with | 139 |
respect to crime victim assistance and criminal justice programs. | 140 |
| 141 |
alter the status of the office of the attorney general as a | 142 |
criminal justice services agency or to diminish or alter the | 143 |
status or discourage the development and use of other law | 144 |
enforcement information systems in Ohio. | 145 |
Section 2. That existing section 181.52 of the Revised Code | 146 |
is hereby repealed. | 147 |