As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 203


Representative Boyd 

Cosponsors: Representatives Skindell, Williams, S. 

A BILL
To amend sections 5145.03, 5145.04, 5145.16, and 1
5145.161 and to enact section 5120.113 of the 2
Revised Code to require the Department of3
Rehabilitation and Correction to establish and 4
maintain multifactored assessment programs for, 5
and to prepare individualized rehabilitation plans 6
for, specified inmates.7


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

       Section 1.  That sections 5145.03, 5145.04, 5145.16, and 8
5145.161 be amended and section 5120.113 of the Revised Code be 9
enacted to read as follows:10

       Sec. 5120.113. (A) As used in this section:11

       (1) "Adaptive behavior" means the effectiveness with which an 12
individual copes with the natural and social demands of the 13
individual's environment, including the degree to which the 14
individual is able to function and maintain the individual's 15
person independently and the degree to which the individual meets16
satisfactorily the culturally imposed demands of personal and 17
social responsibilities.18

       (2) "Another health impairment" means limited strength, 19
vitality, or alertness that is due to a chronic or acute heart 20
condition, tuberculosis, rheumatic fever, nephritis, asthma, 21
sickle cell anemia, hemophilia, epilepsy, lead poisoning, 22
leukemia, diabetes, or another health problem and that adversely 23
affects an individual's potential educational achievement,24
vocational training achievement, or employment performance.25

       (3) "Certificate of high school equivalence" and "certificate 26
of adult basic education" have the same meanings as in section 27
5120.031 of the Revised Code.28

       (4) "Covered inmate" means a person who is sentenced on or 29
after the effective date of this section to serve a sentence of 30
imprisonment in a state correctional institution for an offense 31
other than aggravated murder for which the death penalty has been 32
imposed.33

       (5) "Deaf" means a hearing impairment that is so severe that 34
an individual is impaired in processing linguistic information 35
through hearing, with or without amplification, and that adversely 36
affects the individual's potential educational achievement, 37
vocational training achievement, or employment performance.38

       (6) "Developmentally disabled person," "mentally retarded 39
person," "mentally retarded person subject to institutionalization 40
by court order," and "a person who is at least moderately mentally 41
retarded" have the same meanings as in section 5123.01 of the 42
Revised Code.43

       (7) "Evaluation" means an observation, investigation, or 44
examination of, or a consultation with, a covered inmate by one or 45
more qualified officers or employees of the department of 46
rehabilitation and correction or of the adult parole authority or 47
by other qualified individuals in connection with a matter listed 48
in divisions (C)(1) to (4) of this section and the subsequent 49
appraisal of the results of the observation, investigation, 50
examination, or consultation.51

       (8) "Hard of hearing" means a permanent or fluctuating 52
hearing impairment that adversely affects an individual's 53
potential educational achievement, vocational training 54
achievement, or employment performance and that is not a hearing 55
impairment described in division (A)(5) of this section.56

       (9) "Mental illness" and "mentally ill person subject to 57
hospitalization by court order" have the same meanings as in 58
section 5122.01 of the Revised Code.59

       (10) "Multifactored assessment" means the assessment of a 60
covered inmate that consists of the evaluations described in 61
divisions (C)(1) to (4) of this section.62

       (11) "Orthopedically handicapped" means a severe orthopedic 63
impairment that adversely affects an individual's potential 64
educational achievement, vocational training achievement, or 65
employment performance, including, but not limited to, an 66
impairment caused by a congenital anomaly, disease, amputation,67
fracture, burn, or other cause.68

       (12) "Speech handicapped" means stuttering, impaired 69
articulation, a language or voice impairment, or another 70
communicative disorder that adversely affects an individual's 71
potential educational achievement, vocational training72
achievement, or employment performance.73

       (13) "State correctional institution" has the same meaning as 74
in section 2967.01 of the Revised Code.75

       (14) "Visually handicapped" means a visual impairment that, 76
even with correction, adversely affects an individual's potential 77
educational achievement, vocational training achievement, or 78
employment performance, including, but not limited to, partial 79
sight and blindness.80

       (B) The director of rehabilitation and correction shall adopt 81
rules pursuant to Chapter 119. of the Revised Code to implement a 82
multifactored assessment program for covered inmates that includes 83
the evaluations described in division (C) of this section, that is 84
designed to achieve the objectives specified in division (D)(1) of 85
this section, and that is maintained and otherwise operated in the 86
manner specified in division (E) of this section.87

       (C) Subject to division (F) of this section, the department 88
of rehabilitation and correction shall conduct or cause to be 89
conducted in accordance with the rules adopted pursuant to 90
division (B) of this section a multifactored assessment of each 91
covered inmate within one year after the inmate begins serving the92
inmate's sentence of imprisonment under the jurisdiction and 93
control of the department. The multifactored assessment of each 94
covered inmate shall consist of all of the following:95

       (1) An evaluation of the general intelligence of the inmate, 96
the educational, vocational training, and employment history of 97
the inmate, and the need of the inmate to acquire additional 98
education, vocational training, or employment skills in order to 99
become the type of citizen described in division (D)(1(b) of this 100
section. The evaluation shall include, but is not limited to, a 101
determination as to whether the inmate possesses, desires to 102
acquire, or should be permitted or required to pursue a course of 103
study designed to acquire a high school diploma, a certificate of 104
high school equivalence, a certificate of adult basic education, 105
or an undergraduate or postgraduate college or university degree.106

       (2) A sociological, psychological, and psychiatric evaluation 107
of the inmate, including, but not limited to, an evaluation of the 108
inmate's adaptive behavior, a determination of the inmate's need 109
to receive social skills training or psychological or psychiatric 110
treatment, and a determination as to whether the inmate is a 111
developmentally disabled person, a mentally retarded person, a 112
person who is at least moderately mentally retarded, or a person 113
who has a mental illness. The department shall make the evaluation 114
required by division (C)(2) of this section in conjunction with 115
the examination required to be conducted under section 5120.11 of 116
the Revised Code, and the department shall notify the sentencing 117
court in writing if the evaluation results in the determination118
that the inmate appears to be a mentally ill person subject to 119
hospitalization by court order or a mentally retarded person 120
subject to institutionalization by court order. Division (C)(2) of 121
this section does not affect the ability of the managing officer 122
of a state correctional institution under section 5120.17 of the123
Revised Code to file an affidavit with a probate court alleging 124
that a prisoner confined in that institution is a mentally ill 125
person subject to hospitalization by court order or is a mentally 126
retarded person subject to institutionalization by court order.127

       (3) An evaluation of other aspects of the physical and mental 128
health of the inmate that are not described in division (C)(2) of 129
this section. The evaluation shall include, but is not limited to, 130
a determination as to whether the inmate is deaf, hard of hearing, 131
orthopedically handicapped, speech handicapped, or visually 132
handicapped, has another health impairment, is a drug dependent133
person, should be permitted or required to receive substance abuse 134
education or treatment, or is at high risk of infection with the 135
human immunodeficiency virus.136

       (4) Any other evaluation of the inmate that the director of137
rehabilitation and correction considers necessary to achieve the 138
objectives specified in division (D)(1) of this section or for 139
another purpose, including, but not limited to, background140
investigation or classification purposes under section 5120.16 of 141
the Revised Code.142

       (D)(1) The objectives of the multifactored assessment program 143
for covered inmates shall be as follows:144

       (a) To promote to the extent practicable the rehabilitation 145
of covered inmates;146

       (b) To provide, to the extent practicable and considering147
eligibility criteria and factors specified in other applicable 148
sections of the Revised Code or in rules of the department of 149
rehabilitation and correction, each covered inmate with an 150
opportunity to acquire education, vocational training, employment 151
skills, social skills, psychological or psychiatric care, and152
substance abuse education or treatment that may permit the inmate 153
to live as a productive, socially adjusted, physically and 154
mentally healthy, and law abiding citizen when the inmate is 155
released from confinement in a state correctional institution upon 156
the expiration of the inmate's stated prison term, upon the157
inmate's parole, or upon the inmate's other lawful release.158

       (2) The department of rehabilitation and correction, a 159
managing officer of a state correctional institution, and the 160
adult parole authority, in order to achieve the objectives 161
specified in division (D)(1) of this section and in addition to162
considering the eligibility criteria or other factors specified in 163
other applicable sections of the Revised Code or in rules of the 164
department, shall consider the evaluations of a covered inmate 165
described in division (C) of this section when making the166
following determinations:167

       (a) A determination whether the inmate is an eligible 168
offender and, with the approval of the sentencing judge, will 169
serve the inmate's sentence as a sentence of shock incarceration 170
under section 5120.031 of the Revised Code;171

       (b) A determination whether the inmate will serve the 172
inmate's sentence of imprisonment pursuant to section 5120.032 of 173
the Revised Code in an intensive program prison that focuses on 174
educational achievement, vocational training, alcohol and other 175
drug of abuse treatment, community service and conservation work, 176
or another intensive regimen or combination of regimens;177

       (c) A determination whether the inmate will be assigned to178
perform labor on any public work of this state or will be employed 179
in penal manufacturing and service industries or agriculture, in 180
private industry or agriculture located within or outside the 181
department's institutions, in institutional jobs necessary for the 182
proper maintenance or operation of the department's institutions, 183
or in other appropriate forms of labor pursuant to section 5120.04 184
or Chapter 5145. of the Revised Code;185

       (d) A determination whether the inmate should be permitted or186
required to participate in the educational programs of the Ohio 187
central school system described in section 5145.06 of the Revised188
Code, other educational programs, other vocational training, 189
substance abuse education or treatment, employment skills190
training, or social skills training;191

       (e) A determination whether to transfer an inmate pursuant to192
section 2967.26 of the Revised Code to transitional control for 193
the purpose of employment, vocational training, or education, or a 194
determination whether to release an inmate pursuant to division195
(B)(4) of section 5145.16 of the Revised Code on transitional 196
control to gain employment in private industry or agriculture.197

       (E) The department of rehabilitation and correction shall 198
maintain and otherwise operate the multifactored assessment199
program for covered inmates as follows:200

       (1) The department shall cause each evaluation of a covered 201
inmate that is described in division (C) of this section to be in 202
writing, and the department shall cause all of the written203
evaluations pertaining to a covered inmate to be placed together 204
in the inmate's records held by the state correctional institution 205
in which the inmate is confined.206

       (2) The department shall prepare for each covered inmate a 207
written rehabilitation plan that specifies an individualized 208
education, vocational training, employment skills training, social 209
skills training, psychological or psychiatric care, and substance 210
abuse education or treatment regimen and that specifies the manner 211
in which the evaluations of the inmate described in division (C) 212
of this section were considered in formulating that regimen and 213
making the determinations listed in divisions (D)(2)(a) to (e) of 214
this section. The department shall cause the written 215
rehabilitation plan to be placed in the inmate's records held by216
the state correctional institution in which the inmate is confined 217
together with the written evaluations described in division (E)(1) 218
of this section.219

       (3) The department periodically shall review the needs of 220
each covered inmate for education, vocational training, employment 221
skills training, social skills training, psychological or 222
psychiatric care, and substance abuse education or treatment and 223
shall assess the progress of the inmate in each of those areas 224
under the individualized rehabilitation plan described in division225
(E)(2) of this section. The department shall prepare a written 226
report that sets forth the findings of the periodic review and 227
place the report in the inmate's records held by the state 228
correctional institution in which the inmate is confined together 229
with the written evaluations described in division (E)(1) of this 230
section and the individualized rehabilitation plan described in 231
division (E)(2) of this section. Following each periodic review, 232
the department shall modify the inmate's immediately prior regimen 233
as set forth in the individualized rehabilitation plan described 234
in division (E)(2) of this section if the department considers a 235
modification to be reasonably necessary to achieve the objectives 236
described in division (D)(1) of this section.237

       (4) Immediately prior to a covered inmate's release from 238
confinement in a state correctional institution, upon the 239
expiration of the inmate's stated prison term, upon the inmate's 240
parole or upon the inmate's other lawful release, the department 241
shall prepare and provide the inmate with a copy of a report that 242
cumulates the information contained in the written evaluations243
described in division (E)(1) of this section, the individualized 244
rehabilitation plan described in division (E)(2) of this section, 245
and the periodic reports and modifications to the individualized 246
rehabilitation plan described in division (E)(3) of this section 247
and that the inmate may present to a prospective employer to 248
establish the inmate's progress and status in the areas of 249
education, vocational training, employment skills, social skills, 250
psychological or psychiatric health, and substance abuse education 251
or treatment.252

       (F)(1) The director of rehabilitation and correction may 253
extend, in the director's discretion, the multifactored assessment 254
program for covered inmates or aspects of that program to persons255
who were sentenced prior to the effective date of this section to 256
serve a sentence of imprisonment in a state correctional 257
institution for an offense other than aggravated murder for which 258
the death penalty has been imposed.259

       (2) Except as otherwise specifically provided in the Revised 260
Code, this section does not affect an evaluation, assessment, 261
observation, examination, investigation, study, identification, 262
policy, classification, periodic review, rule, report, or other 263
record that the department of rehabilitation and correction is 264
required or permitted to conduct, make, or prepare or cause to be 265
conducted, made, or prepared in connection with a covered inmate 266
under this chapter or Chapter 5145. of the Revised Code.267

       (G) If an evaluation described in division (C)(2) or (3) of 268
this section results in the determination that a covered inmate 269
may have severe psychological or psychiatric problems but does not 270
appear to be a mentally ill person subject to hospitalization by 271
court order or a mentally retarded person subject to272
institutionalization by court order, the department shall confine 273
the inmate in a state correctional institution, or a portion of a 274
state correctional institution, exclusively devoted to the 275
confinement of inmates who have severe psychological or 276
psychiatric problems but who do not appear to be mentally ill277
persons subject to hospitalization by court order or mentally 278
retarded persons subject to institutionalization by court order.279

       Sec. 5145.03.  (A) The department of rehabilitation and280
correction, subject to the approval of the governor, shall make281
any rules for the government of prisoners that tend to promote282
their reformation and that are consistent with section 5120.113 of 283
the Revised Code when that section is applicable, or beand rules 284
that are necessary for the purpose of sections 5145.01 to 5145.27 285
of the Revised Code, except that any rules that govern penal 286
manufacturing and service industries and agriculture or labor 287
performed by prisoners and that do not govern security shall be 288
adopted pursuant to division (B) of this section. The department 289
shall make provisions for the separation or classification of 290
prisoners, for their division into different grades with promotion 291
or degradation according to merit or demerit, and, consistent with 292
section 5120.113 of the Revised Code when that section is293
applicable, for their instruction in industrial pursuits, and 294
their education.295

       (B) The director of the department of rehabilitation and296
correction shall adopt rules for the administration of the297
department's program for employment of prisoners that is298
established pursuant to section 5145.16 of the Revised Code. The 299
rules shall be consistent with section 5120.113 of the Revised 300
Code when applied to covered inmates as defined in that section.301
The rules shall be adopted, amended, and rescinded pursuant to302
Chapter 119. of the Revised Code, except that rules governing303
security shall not be adopted pursuant to that chapter and except304
that no prisoner who is in the custody of the department and who305
is incarcerated has any legal right to attend any hearing that is306
held on the rules pursuant to that chapter and that is held307
outside the institution in which the prisoner is incarcerated;308
however, the attorney for any prisoner may attend the hearing on309
behalf of the prisoner. The director may hold hearings on the310
rules pursuant to that chapter at any of the department's 311
correctional institutions to receive comment from prisoners, which 312
hearings may be attended by prisoners incarcerated at the313
institution at which any of the hearings is held. The rules shall 314
provide for the following:315

       (1) A procedure for seeking the employment of prisoners in316
penal industries and agriculture, in private industry and317
agriculture located within or outside the department's318
institutions, in public works, in institutional jobs necessary for 319
the proper maintenance or operation of the department's320
institutions, and in other appropriate forms of labor;321

       (2) A system of compensation, allowances, hours, conditions 322
of employment, and advancement for prisoners who are employed in 323
any form of labor;324

       (3) The regulation of the working conditions for prisoners325
who are employed in any form of labor;326

       (4) The categorization of all jobs performed by prisoners327
into levels, grades within the levels, or other appropriate328
categories based upon the skills required to perform the job, the329
security required for the job, the location at which the job is330
performed, and any other relevant characteristics of the job;331

       (5) A procedure for the assignment of prisoners to perform332
jobs in correctional industries and agriculture, and in private 333
industry and agriculture, that are located in institutions under 334
the control of the department other than the institutions to which335
the prisoners are committed;336

       (6) A procedure for the periodic review of each prisoner's337
performance at histhe prisoner's jobs and for the periodic338
evaluation of the prisoner's qualifications for other jobs at 339
higher grades, levels, or categories, with different skill 340
requirements, with different career potential, with other training 341
potentials, or with other working conditions or schedules,that 342
shall be consistent with section 5120.113 of the Revised Code when 343
a prisoner is a covered inmate as defined in that section;344

       (7) An accounting system for the allocation of the earnings 345
of each prisoner;346

       (8) A procedure for the transportation of prisoners whenever 347
necessary between institutions and to and from private industry or 348
agriculture to perform jobs;349

       (9) A disciplinary procedure for violations of work or350
security requirements;351

       (10) Any other rules on any subject that are otherwise352
necessary to administer sections 5145.16 and 5145.161 of the353
Revised Code or to provide employment for as many prisoners as354
possible.355

       (C) The department shall keep a correct daily record of the 356
conduct of each prisoner and of histhe prisoner's fidelity and 357
diligence in the performance of histhe prisoner's work. The 358
department may use the daily records in the preparation of the 359
progress assessment portion of the periodic reports described in 360
division (E)(3) of section 5120.113 of the Revised Code.361

       Sec. 5145.04.  The department of rehabilitation and 362
correction shall maintain the control over prisoners committed to 363
its custody that prevents them from committing crime, shall secure 364
their self-support, and,consistent with section 5120.113 of the 365
Revised Code when a prisoner is a covered inmate as defined in 366
that section, shall accomplish their reformation.367

       When a prisoner is received into a state correctional 368
institution upon direct sentence to the institution, the 369
department shall enter in a register the date of the admission, 370
the prisoner's name, age, nativity, and nationality, and other371
facts as to the prisoner's parentage and early social influences 372
that might indicate the constitutional and acquired defects and 373
tendencies of the prisoner. Upon these entries in the register 374
shall be based anand consistent with section 5120.113 of the 375
Revised Code when the prisoner is a covered inmate as defined in 376
that section, the department shall estimate of the condition of377
the prisoner and the best probable plan of hisfor the prisoner's378
treatment.379

       Sec. 5145.16.  (A) The department of rehabilitation and380
correction shall establish work programs in some form of labor for 381
as many prisoners as possible who are in the custody of the 382
department, except those prisoners who are not able to perform 383
labor because of illness or other health problems, security 384
requirements, routine processing, disciplinary action, or other 385
reasonable circumstances or, except as otherwise provided in an 386
individualized rehabilitation plan prepared pursuant to section387
5120.113 of the Revised Code for a covered inmate as defined in 388
that section, because they are engaged in educational, vocational, 389
or other training. The labor may be in the department's 390
manufacturing and service industries and agriculture, in private 391
industry or agriculture that is located within or outside the 392
department's institutions, in public works, in institutional jobs 393
necessary for the proper maintenance and operation of the 394
institutions under the control of the department, or in any other 395
appropriate form of labor. The department, pursuant to the 396
program, shall attempt to engage in work programs as many 397
prisoners as possible who are in its custody and who are eligible 398
for the programs. The department is not required to engage every399
eligible prisoner in a work program when sufficient money, 400
facilities, or jobs are not available for the program; however, 401
the department shall continuously shall seek sources of labor for 402
as many eligible prisoners as possible.403

       (B) The department, in establishing and administering work 404
programs established pursuant todescribed in division (A) of this405
section, shall do all of the following:406

       (1) Assign a level, grade within the level, or other category 407
for each job within the penal manufacturing and service industries 408
and agriculture, each job within private industry and agriculture, 409
each institutional job, each job in public works, and every other 410
job for which prisoners are eligible to perform labor. The level, 411
grade, and other categorization of each job shall be dependent 412
upon the skills required to perform the job, the security that is 413
present at the job, the salary and other compensation for the job, 414
and any other relevant characteristics of the job.415

       (2) Establish for each institution controlled by the416
department a system for assigning prisoners to perform jobs, for417
periodically evaluating the job performance of each prisoner, and418
for periodically evaluating the qualifications of each prisoner419
for other jobs,that shall be consistent with section 5120.113 of 420
the Revised Code when a prisoner is a covered inmate as defined in 421
that section;422

       (3) Transfer prisoners, whenever appropriate, to institutions 423
controlled by the department to enable a prisoner to be engaged in 424
a different job;425

       (4) Whenever appropriate, permit prisoners to be released on 426
transitional control, in addition to other authorized reasons for 427
transferring a prisoner to transitional control, to gain428
post-release employment in private industry or agriculture;429

       (5) Attempt to provide jobs and job training for prisoners430
that will be useful to the prisoners in obtaining employment when431
released, except that institutional jobs at the institutions need432
not be related to employment outside the institution;433

       (6) Establish an accounting system to administer and allocate 434
the earnings of the prisoners as provided by division (C)(8) of 435
this section;436

       (7) Require all persons in private industry or agriculture 437
who employ prisoners to meet all applicable work safety standards.438

       (C) The department, in establishing and administering the439
work programs required to be established bydescribed in division 440
(A) of this section, may do any of the following:441

       (1) Enter into contracts with private industry and442
agriculture and receive grants to establish test work programs443
within or outside institutions under the control of the444
department;445

       (2) Enter into contracts with private industry for the446
establishment of manufacturing and service industries within or447
close to institutions under the control of the department for the448
employment of prisoners;449

       (3) Enter into contracts with private industry and450
agriculture to provide work programs for prisoners;451

       (4) Lease or sell state-owned land for the establishment of 452
private industry or agriculture upon the condition that the453
majority of the industrial or agricultural jobs created by the454
industry or agriculture be given to prisoners;455

       (5) Construct factories or shops to provide work programs for456
prisoners;457

       (6) Enter into contracts with labor organizations, except458
that the department shall not permit any prisoners to establish459
their own labor organization and that a labor organization shall460
not represent any prisoners employed within an institution461
controlled by the department;462

       (7) Enter into any other contracts or perform any other463
functions that are necessary to comply with division (A) of this464
section or section 5145.161 of the Revised Code;465

       (8) Allocate the earnings of the prisoners as follows:466

       (a) Up to twenty-five per cent of the earnings to reimburse 467
the state for room and board and for the expense of providing468
employment to the prisoner.;469

       (b) Up to twenty-five per cent of the earnings to be 470
distributed to one or both of the following:471

       (i) To the victims of the prisoner's offenses for restitution472
if the prisoner voluntarily requests or is under court order to 473
make restitution payments;474

       (ii) To the reparations fund established pursuant to division 475
(A) of section 2743.191 of the Revised Code if the prisoner 476
voluntarily participates in an approved work and training program 477
under this section.478

       (c) Up to twenty-five per cent of the earnings to the 479
prisoner's dependents.;480

       (d) At least twenty-five per cent of the earnings to the 481
account of the prisoner.482

       (D) A prisoner who is engaged in a work program that is483
established under this section and in which the prisoner is 484
required to operate a motor vehicle, as defined in division (I) of485
section 4509.01 of the Revised Code, is an "employee" of the state 486
for the sole purpose of liability insurance coverage pursuant to 487
section 9.83 of the Revised Code to cover the prisoner's required 488
operation of the motor vehicle. A prisoner enrolled in a work 489
program established by the department of rehabilitation and 490
correction shall not be considered as an employee of the state 491
under any other circumstance or for any other purpose.492

       Sec. 5145.161.  (A) The program for the employment of493
prisoners within the custody of the department of rehabilitation494
and correction that the department is required to establish by495
division (A) of section 5145.16 of the Revised Code shall be496
administered in accordance with any rules adopted pursuant to497
division (B) of section 5145.03 of the Revised Code, the rules 498
adopted pursuant to division (B) of section 5120.113 of the 499
Revised Code, and with the following requirements:500

       (1) The department shall consider the nature of the offense501
committed by a prisoner, the availability of employment, the502
security requirements for the prisoner, the prisoner's present503
state of mind, the prisoner's record in the institution to which504
the prisoner has been committed, and all other relevant factors505
when assigning a prisoner to the prisoner's initial job506
assignment. The department, when making a prisoner's initial job507
assignment, shall attempt to develop the prisoner's work skills,508
provide rehabilitation for the prisoner, consider the proximity to509
the prisoner's family, and permit the prisoner to provide support510
for the prisoner's dependents if the prisoner's earnings are511
sufficient for that to be feasible.512

       (2)(a) Except as provided in division (A)(2)(b) of this513
section, no prisoner shall be assigned to any job with the Ohio514
penal industries, or to any other job level or job grade of515
prisoner employment that the director of rehabilitation and516
correction may designate, unless the prisoner has obtained a high517
school diploma or a certificate of high school equivalence.518

       (b) Division (A)(2)(a) of this section does not apply to519
either of the following:520

       (i) A prisoner who is determined, in accordance with a521
procedure approved by the director, to be incapable of obtaining a522
diploma or certificate of high school equivalence;523

       (ii) A prisoner working in the Ohio penal industries as of524
February 1, 1999, who applied on or before May 1, 1999, for525
enrollment in a program leading to a diploma or a certificate of526
high school equivalence, and who has been enrolled in that program527
for less than one year.528

       (3) Each prisoner shall be required to perform the prisoner's 529
job satisfactorily, be permitted to be absent from the prisoner's 530
job only for legitimate reasons, be required to comply with all 531
security requirements, and be required to comply with any other532
reasonable job performance standards.533

       (4) A prisoner who advances from one job grade to the next534
higher job grade within the job level, advances from one job level535
to the next higher job level, or advances from one job category to536
the next highest job category shall receive additional benefits in537
accordance with the rules adopted pursuant to division (B) of538
section 5145.03 of the Revised Code.539

       (5) A prisoner shall not be eligible for a job in private540
industry or agriculture, unless the prisoner meets the541
requirements of the department for private employment that are set542
forth in rules adopted pursuant to division (B) of section 5145.03543
of the Revised Code.544

       (6) A prisoner who violates the work requirements of any job545
grade, level, or category shall be disciplined pursuant to the546
disciplinary procedure adopted pursuant to division (B)(9) of547
section 5145.03 of the Revised Code.548

       (B) The department of rehabilitation and correction may549
administer the program that it is required to establish by550
division (A) of section 5145.16 of the Revised Code in any manner551
that is consistent with division (A) of this section, division (B)552
of section 5145.03, and sectionsections 5120.113 and 5145.16 of 553
the Revised Code.554

       Section 2.  That existing sections 5145.03, 5145.04, 5145.16, 555
and 5145.161 of the Revised Code are hereby repealed.556