As Reported by the Senate Judiciary--Criminal Justice Committee

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 4


Representatives Dolan, Latta, D. Evans, Gilb, Hughes, Seitz, Perry, Allen, Brown, Bubp, Calvert, Cassell, Coley, DeBose, Distel, Domenick, C. Evans, Flowers, Gibbs, Hagan, Hartnett, Hoops, Key, Law, Martin, McGregor, Miller, Oelslager, Otterman, T. Patton, Reidelbach, Reinhard, Schaffer, Schlichter, Seaver, Setzer, G. Smith, J. Stewart, Strahorn, Wagner, Wagoner, Walcher, Widener, Widowfield, Williams, Wolpert 

Senators Clancy, Grendell, Schuring, Goodman, Dann, Zurz 



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, 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


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

       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 of11
criminal justice services. The governor shall appoint a director12
of the office, and the director may appoint, within the office,13
any professional and technical personnel and other employees that14
are necessary to enable the office to comply with sections 181.5115
to 181.56 of the Revised Code. The director and the assistant16
director of the office, and all professional and technical17
personnel employed within the office who are not public employees18
as defined in section 4117.01 of the Revised Code, shall be in the19
unclassified civil service, and all other persons employed within20
the office shall be in the classified civil service. The director21
may enter into any contracts, except contracts governed by Chapter22
4117. of the Revised Code, that are necessary for the operation of23
the office.24

       (B) Subject to division (E)(F) of this section and subject to25
divisions (D) to (F) of section 5120.09 of the Revised Code26
insofar as those divisions relate to federal criminal justice acts27
that the governor requires the department of rehabilitation and28
correction to administer, the office of criminal justice services29
shall do all of the following:30

       (1) Serve as the state criminal justice services agency and31
perform criminal justice system planning in the state, including32
any planning that is required by any federal law;33

       (2) Collect, analyze, and correlate information and data34
concerning the criminal justice system in the state;35

       (3) Cooperate with and provide technical assistance to state36
departments, administrative planning districts, metropolitan37
county criminal justice services agencies, criminal justice38
coordinating councils, agencies, offices, and departments of the39
criminal justice system in the state, and other appropriate40
organizations and persons;41

       (4) Encourage and assist agencies, offices, and departments42
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 justice46
acts that the governor requires it to administer;47

       (6) Administer funds received under the "Family Violence48
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.49
10401, as amended, with all powers necessary for the adequate50
administration of those funds, including the authority to51
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 part55
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 in58
whole or in part by funds granted through the office;59

       (10) Apply for, allocate, disburse, and account for grants60
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 money63
from such federal grants shall, if the terms under which the money64
is received require that the money be deposited into an65
interest-bearing fund or account, be deposited in the state66
treasury to the credit of the federal program purposes fund, which67
is hereby created. All investment earnings of the fund shall be68
credited to the fund.69

       (11) Contract with federal, state, and local agencies,70
foundations, corporations, businesses, and persons when necessary71
to carry out the duties of the office;72

       (12) Oversee the activities of metropolitan county criminal73
justice services agencies, administrative planning districts, and74
criminal justice coordinating councils in the state;75

       (13) Advise the general assembly and governor on legislation76
and other significant matters that pertain to the improvement and77
reform of criminal and juvenile justice systems in the state;78

       (14) Prepare and recommend legislation to the general79
assembly and governor for the improvement of the criminal and80
juvenile justice systems in the state;81

       (15) Assist, advise, and make any reports that are requested82
or required by the governor, attorney general, or general83
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 Revised87
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 criminal124
justice services may do any of the following:125

       (1) Collect, analyze, or correlate information and data126
concerning the juvenile justice system in the state;127

       (2) Cooperate with and provide technical assistance to state128
departments, administrative planning districts, metropolitan129
county criminal justice service agencies, criminal justice130
coordinating councils, agency offices, and the departments of the131
juvenile justice system in the state and other appropriate132
organizations and persons;133

       (3) Encourage and assist agencies, offices, and departments134
of the juvenile justice system in the state and other appropriate135
organizations and persons to solve problems that relate to the136
duties of the office.137

       (D)(E) Divisions (B) and, (C), and (D) of this section do not 138
limit the discretion or authority of the attorney general with 139
respect to crime victim assistance and criminal justice programs.140

       (E)(F) Nothing in this section is intended to diminish or141
alter the status of the office of the attorney general as a142
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