As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 56


Senator Tavares 


A BILL
To amend section 2967.14 of the Revised Code to 1
require an operator of a halfway house or 2
community residential center to notify the Adult 3
Parole Authority when a resident who is under the 4
Authority's supervisory authority leaves the 5
facility without permission, cannot be located, or 6
does not return to the facility at the time 7
required from a scheduled appointment or work 8
assignment; to require notice to the Adult Parole 9
Authority before a halfway house or community 10
residential center may evict a resident who is 11
under the Authority's supervisory authority; and 12
to require the Division of Parole and Community 13
Services to annually review the licensure 14
standards for halfway houses and community 15
residential centers. 16


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

       Section 1. That section 2967.14 of the Revised Code be 17
amended to read as follows: 18

       Sec. 2967.14.  (A) The adult parole authority may require a 19
parolee or releasee to reside in a halfway house or other suitable 20
community residential center that has been licensed by the 21
division of parole and community services pursuant to division (C) 22
of this section during a part or for the entire period of the 23
parolee's conditional release or of the releasee's term of 24
post-release control. The court of common pleas that placed an 25
offender under a sanction consisting of a term in a halfway house 26
or in an alternative residential sanction may require the offender 27
to reside in a halfway house or other suitable community 28
residential center that is designated by the court and that has 29
been licensed by the division pursuant to division (C) of this 30
section during a part or for the entire period of the offender's 31
residential sanction. 32

       (B) The division of parole and community services may 33
negotiate and enter into agreements with any public or private 34
agency or a department or political subdivision of the state that 35
operates a halfway house or community residential center that has 36
been licensed by the division pursuant to division (C) of this 37
section. An agreement under this division shall provide for the 38
purchase of beds, shall set limits of supervision and levels of 39
occupancy, and shall determine the scope of services for all 40
eligible offenders, including those subject to a residential 41
sanction, as defined in rules adopted by the director of 42
rehabilitation and correction in accordance with Chapter 119. of 43
the Revised Code. The payments for beds and services shall be 44
equal to the halfway house's or community residential center's 45
average daily per capita costs with its facility at full 46
occupancy. The payments for beds and services shall not exceed the 47
total operating costs of the halfway house or community 48
residential center during the term of an agreement. The director 49
of rehabilitation and correction shall adopt rules in accordance 50
with Chapter 119. of the Revised Code for determining includable 51
and excludable costs and income to be used in computing the 52
agency's average daily per capita costs with its facility at full 53
occupancy. 54

       The department of rehabilitation and correction may use no 55
more than ten per cent of the amount appropriated to the 56
department each fiscal year for the halfway house and community 57
residential center program to pay for contracts for nonresidential 58
services for offenders under the supervision of the adult parole 59
authority. The nonresidential services may include, but are not 60
limited to, treatment for substance abuse, mental health 61
counseling, and counseling for sex offenders. 62

       (C) The division of parole and community services shall adopt 63
in accordance with Chapter 119. of the Revised Code standards for 64
the licensure of halfway houses and community residential centers. 65
The division shall annually review the standards. The division may 66
license a halfway house or community residential center as a 67
suitable facility for the care and treatment of adult offenders, 68
including offenders sentenced under section 2929.16 or 2929.26 of 69
the Revised Code, only if the halfway house or community 70
residential center complies with the standards that the division 71
adopts in accordance with Chapter 119. of the Revised Codethis 72
division for the licensure of halfway houses and community 73
residential centers. The division shall annually inspect each 74
licensed halfway house and licensed community residential center 75
to determine if it is in compliance with the licensure standards. 76

       (D)(1) If any staff member of a licensed halfway house or 77
community residential center knows that a resident who is under 78
the supervisory authority of the adult parole authority has left 79
the halfway house or community residential center without 80
permission, the operator of the facility shall notify the adult 81
parole authority of that fact immediately upon the staff member 82
gaining that knowledge.83

       (2) If a resident of a licensed halfway house or community 84
residential center who is under the supervisory authority of the 85
adult parole authority cannot be located and division (D)(1) of 86
this section does not apply, the operator of the facility shall 87
notify the adult parole authority of that fact by whichever of the 88
following times is applicable:89

       (a) Subject to division (D)(2)(b) of this section, not later 90
than four hours after it initially is determined that the resident 91
cannot be located;92

       (b) If the adult parole authority, based upon a resident's 93
criminal history or risk level, requires notice of a resident's 94
absence to be given before the expiration of four hours after it 95
initially is determined that the resident cannot be located, not 96
later than the time specified by the adult parole authority.97

       (3) If a resident of a licensed halfway house or community 98
residential center who is under the supervisory authority of the 99
adult parole authority does not return to the facility at the time 100
required from a scheduled appointment or work assignment, the 101
operator or staff members of the halfway house or community 102
residential center immediately shall attempt to determine the 103
whereabouts of the resident. If the resident cannot be located and 104
division (D)(1) of this section does not apply, the operator shall 105
notify the adult parole authority of that fact by whichever of the 106
following times is applicable:107

       (a) Subject to division (D)(3)(b) of this section, not later 108
than four hours after it initially is determined that the resident 109
has not returned to the facility at the time required;110

       (b) If the adult parole authority, based upon a resident's 111
criminal history or risk level, requires notice of a resident's 112
absence to be given before the expiration of four hours after it 113
initially is determined that the resident has not returned to the 114
facility at the time required, not later than the time specified 115
by the adult parole authority.116

       (4) If a resident of a licensed halfway house or community 117
residential center who is under the supervisory authority of the 118
adult parole authority leaves the facility without permission, 119
cannot be located, or does not return to the facility at the time 120
required from a scheduled appointment or work assignment, the 121
operator of the facility shall complete an incident report that 122
documents all attempts to locate the resident and, if division 123
(D)(1), (2), or (3) of this section requires notification to the 124
adult parole authority, that indicates the date and time when the 125
adult parole authority was notified of the resident's absence. The 126
operator of the facility shall send a copy of the completed 127
incident report to the adult parole authority. Upon receipt of the 128
completed incident report, the adult parole authority shall send a 129
copy of the report to the bureau of community sanctions of the 130
department of rehabilitation and correction.131

       (5) Before evicting any resident who is under the supervisory 132
authority of the adult parole authority, a licensed halfway house 133
or community residential center shall notify the adult parole 134
authority of the planned eviction.135

       (6) If the operator of a licensed halfway house or community 136
residential center provides the adult parole authority with notice 137
of a resident's absence pursuant to division (D)(1), (2), or (3) 138
of this section, the adult parole authority shall comply with the 139
applicable policies of the division of parole and community 140
services after receiving the notification.141

       Section 2. That existing section 2967.14 of the Revised Code 142
is hereby repealed. 143