H.B. 130

127th General Assembly

(As Introduced)

 

Reps.     White and Yates, Seitz, Peterson, R. Hagan, Carano, Miller, Yuko, Wagner, J. McGregor, Flowers, Letson, Strahorn, S. Williams, DeWine, Luckie, Brinkman

·        Requires a sentencing court to consider whether an offender has failed or succeeded in a certified alcohol and drug addiction treatment program as a factor indicating the offender's likelihood to commit future crimes.

·        Permits a court to require an offender convicted of a drug abuse offense that is a felony of the third, fourth, or fifth degree to be assessed by a licensed substance abuse counselor before sentencing.

·        Permits a court sentencing a felony offender who is eligible for community control sanctions and who admits to being drug addicted or whom the court has reason to believe is drug addicted to require that the offender be assessed by a licensed substance abuse counselor and to impose a requirement that the offender participate in a certified alcohol and drug addiction treatment program if convicted on any one of specified drug offenses.

·        Makes drug-dependent persons or persons in danger of becoming drug-dependent eligible for pretrial diversion programs.

·        Expands the types of offenders eligible for intervention in lieu of conviction and requires intervention plans to include alcohol or drug abuse treatment programs.

·        Authorizes agreements between a sheriff and the Department of Rehabilitation and Correction (DRC) relating to electronic processing of offenders and the delivery of prisoners with less than 30 days to serve in prison.

·        Eliminates administrative extensions of stated prison terms (bad time).

·        Provides for disability insurance and the determination of disability claims for prisoners who participate in Ohio Prison Industries.

·        Modifies the calculation of time to be served by released intensive-program prisoners who violate the terms of release after having their sentences reduced.

·        Modifies procedures for judicial release and medical release of prisoners and expands eligibility for medical release.

·        Provides for identification cards issued by DRC for prisoners who have no other adequate identification upon release that may be used to obtain a state identification card.

·        Authorizes a court of common pleas to enter into an agreement with DRC under which the court participates in the post-release supervision of offenders.

·        Abolishes the Adult Parole Authority (APA) Probation Services Fund, retains monthly probation supervision fees in the county treasury, and requires a court that enters into an agreement with APA for probation services to report on its use of money from county funds.

·        Generally, eliminates conviction of a felony or misdemeanor, whether or not related to the applicable profession, as grounds for discipline by an occupational licensing board, commission, or agency; requires each such licensing board, commission, or agency to determine which offenses are substantially related to a person's fitness and abilities to perform the duties and responsibilities of the applicable profession or occupation; generally makes a violation of such an offense grounds for discipline; and makes related changes in the occupational licensing laws.

·        Gives a DRC employee the right to be indemnified for the cost of legal representation if the employee is criminally charged for job-related actions and the charges are dismissed or the employee is acquitted.

·        Provides for legal representation until indictment for a DRC employee who is criminally investigated for the job-related use of deadly force that resulted in the death of another.

·        Prohibits the unauthorized knowing conveyance of a deadly weapon or dangerous ordinance, ammunition for either, drugs, or alcohol onto an institution under the control of DRC, the Department of Youth Services (DYS), or office buildings or other place under the control of DRC, DYS, the Department of Mental Health, or the Department of Mental Retardation and Development Disabilities and prohibits the delivery of such items, cash, or electronic communications devices to prisoners on temporary work release or to children confined in youth services facilities.

·        Eliminates the requirement that correctional institutions offer unidentified or unclaimed dead bodies to medical schools before burial.

·        Authorizes DRC facilities with excess capacity to contract with any person to provide water or treatment services.

·        Creates in the state treasury the Federal Equitable Sharing Fund for receipt of all money received by DRC from the federal government as equitable sharing payments.

·        Expands the duties of juvenile parole officers in supervising children released from facilities of DYS.

·        Establishes the Medicaid reimbursement rate as the rate for payment for medical care provided to persons confined in DYS facilities by providers not under contract.

·        Modifies provisions in DYS law relating to in-service training, inspection of facilities, community corrections facilities boards, transfer of felony delinquents, county juvenile program allocations, and the Release Authority.

·        Provides that money in the county felony delinquent care and custody fund may be used to provide out-of-home placement of children only in detention centers, community rehabilitation centers, or community corrections facilities approved by DYS pursuant to standards adopted by DYS, licensed by an authorized state agency, or accredited by the American Correctional Association or another national organization recognized by DYS.

·        Provides that if a juvenile court fails to comply with a fiscal monitoring program, DYS is not required to make any disbursements from allocations for county juvenile programs or county grants and eliminates the requirement that DYS deduct from future allocations the amount that a county fails to repay for the unauthorized use of money in the county felony delinquent care and custody fund.

·        Provides that in a department without an assistant director the director must designate a deputy director and authorizes the Director of Youth Services to designate a deputy director to sign any personnel actions on the director's behalf.

·        Creates the Ex-offender Reentry Coalition as a permanent body to study and report on the reentry of ex-offenders into the community.

·        Requires that a court notify the offender when it imposes a mandatory prison term and include the fact that the prison term is a mandatory prison term in the journal entry of the sentence.

·        Requires that the clerk of a remanding court certify the remand to the warden of the state correctional institution to which the defendant was committed and requires the warden to ensure that the defendant is conveyed to the jail of the county in which the defendant was convicted.

·        Limits the prohibition on the transfer of certain prisoners to other countries pursuant to treaties to prisoners who have been sentenced to death in Ohio.

Sentencing and substance abuse treatment programs. 4

Prior participation in treatment program.. 4

Substance-abuse assessment of offenders. 4

Pretrial diversion. 5

Intervention in lieu of conviction. 5

Sheriff's delivery of felon to prison. 6

Bad time. 6

Disability insurance for prisoners in Ohio Penal Industries. 6

Current law.. 6

The bill 7

Early release from prison. 7

Intensive programming. 7

Judicial release. 8

Medical release. 8

Identification cards for prisoners upon release. 9

Court agreements relating to post-release control of offenders. 9

Current law.. 9

The bill 9

Funding of probation services. 10

Current law.. 10

The bill 11

Grounds for disciplinary action by occupational licensing boards. 11

Indemnification and legal representation of DRC employees. 12

Indemnification. 12

Legal representation. 12

Deadly weapons, drugs, and liquor on DRC or DYS property. 13

Miscellaneous provisions related to DRC.. 13

Department of Youth Services. 14

Supervision of children. 14

Medical care reimbursement rates. 14

In-service training. 14

Inspection of facilities. 14

Community corrections facility boards. 15

Transfer of felony delinquents to community facilities. 15

County juvenile program allocations. 15

Use of county felony delinquent care and custody fund. 15

Fiscal monitoring of juvenile court 16

Deputy director. 16

Release Authority. 16

Ex-offender Reentry Coalition. 17

Miscellaneous. 17

 

Sentencing and substance abuse treatment programs

Prior participation in treatment program

Current law.  Under current law, when a court is sentencing a felony offender, the court must consider the following factors as indicators that an offender is likely to commit future crimes:  (1) at the time of committing the offense the offender was under release from confinement before trial or sentencing, under a judicial sanction, or was under post-release control, (2) the offender previously was adjudicated a delinquent child or has a history of criminal convictions, (3) the offender has not been rehabilitated to a satisfactory degree or has not responded favorably to previous criminal sanctions, (4) the offender has demonstrated a pattern of drug or alcohol abuse that is related to the offense, and the offender refuses to acknowledge the pattern or the offender refuses treatment, and (5) the offender shows no genuine remorse for the offense.  Also, the court must consider the following indicators that the offender is not likely to commit future crimes:  (1) prior to committing the offense, the offender had not been adjudicated a delinquent child and had no criminal convictions or guilty pleas, (2) prior to committing the offense, the offender had led a law-abiding life for a significant number of years, (3) the offense was committed under circumstances not likely to recur, and (4) the offender shows genuine remorse for the offense.  (R.C. 2929.12(D) and (E).)

The bill.  The bill adds to the factors that a sentencing court must consider as indications that an offender is likely to commit future crimes the fact that the offender has failed in a certified alcohol and drug addiction treatment program.  Similarly, it adds to the factors that a sentencing court must consider as indications that an offender is not likely to commit future crimes the fact that the offender successfully completed such a program.  (R.C. 2929.12(D)(5) and (E)(5).)

Substance-abuse assessment of offenders

The bill authorizes a court that sentences an offender for a drug abuse offense that is a felony of the third, fourth, or fifth degree to require that the offender be assessed by a licensed substance abuse counselor within a specified period of time.  The court must require the counselor to file a written assessment of the offender with the court.  After considering the written assessment, the court may impose a community control sanction that includes treatment in an alcohol and drug addiction program or gambling addiction program authorized by R.C. 3793.02.  If the court imposes such a sanction, it must direct the level and type of treatment after considering the assessment and recommendation of providers.  (R.C. 2929.13(E)(3).)

Similarly, in sentencing a felony offender who is eligible for community control sanctions rather than imprisonment and who admits to being drug addicted or whom the court has reason to believe is drug addicted, the court may, if the offense was related to the addiction, require that the offender be assessed by a licensed substance abuse counselor within a specified period of time and require the counselor to file a written assessment of the offender with the court.  If the court imposes treatment as a community control sanction, it must direct the level and type of treatment after considering the assessment and recommendations of treatment providers.  If an assessment indicates that the offender is addicted to drugs or alcohol, the court may include in any community control sanction imposed for specified drug offenses a requirement that the offender participate in a certified alcohol and drug addiction treatment program.[1]  (R.C. 2929.15(A)(3) and (4).)

The bill prohibits a court from imposing on a felony offender who is not required to serve a mandatory prison term a term in a drug treatment program with a court-prescribed level of security until after considering an assessment by a properly credentialed treatment professional.  The bill removes the word "necessary" from one of the sanctions in the statutory list of nonresidential sanctions for such offenders that allows a court to impose a term in a drug treatment program with a level of security for the offender as determined "necessary" by the court.  (R.C. 2929.17.)

Pretrial diversion

Existing law authorizes a prosecuting attorney to establish pretrial diversion programs for adults who are accused of committing relatively minor criminal offenses and whom the prosecuting attorney believes probably will not offend again.  However, current law also excludes numerous categories of persons from eligibility for pretrial diversion:  repeat offenders or dangerous offenders, persons accused of drug offenses, persons accused of a violation of state OVI or state OVUAC, and drug-dependent persons or persons in danger of becoming drug-dependent persons.[2]  In addition, a person accused of an offense of violence[3] or one of various other specified offenses is ineligible for pretrial diversion unless the prosecuting attorney makes specified findings.

The bill eliminates a drug-dependent person and a person in danger of becoming drug-dependent from the list of persons who are not eligible for pretrial diversion.  (R.C. 2935.36(A)(4).)

Intervention in lieu of conviction

Current law.  Prior to the entry of a guilty plea, current law permits a qualifying offender to request intervention in lieu of conviction.  An offender qualifies for intervention in lieu of conviction if all of the following apply (R.C. 2951.041(B)):

(1)  The offender previously has not been convicted of or pleaded guilty to a felony, previously has not been through intervention in lieu of conviction, and is charged with a fourth or fifth degree felony for which community control is imposed or a misdemeanor.

(2)  The offender is not charged with a disqualifying offense (discussed below).

(3)  The offender has been assessed by an appropriate licensed provider, professional, or facility.

(4)  The offender's drug or alcohol usage was a factor leading to the criminal offense for which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.

(5)  The alleged victim of the offense was not 65 years of age or older, permanently and totally disabled, under 13 years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.

(6)  The offender is willing to comply with all terms and conditions of intervention imposed by the court.

Under current law, an offender is not eligible for intervention if the offender is charged with any of the following offenses:  a felony of the first, second, or third degree; an offense of violence; aggravated vehicular homicide; aggravated vehicular assault; state OVI or a municipal ordinance substantially similar to state OVI; an offense for which a sentencing court is required to impose a mandatory prison, jail, or local term; corrupting another with drugs; trafficking in drugs; illegal manufacture of drugs or cultivation of marihuana; illegal administration or distribution of anabolic steroids; possession of drugs that is a felony of the first, second, or third degree; possession of drugs that is a felony of the fourth degree if the prosecutor has not recommended that the offender be classified as eligible for intervention in lieu of conviction; and tampering with drugs if the alleged violation resulted in physical harm to any person and the offender previously has been treated for drug abuse.

After a hearing, the court may accept the request for intervention in lieu of conviction if the offender is charged with a criminal offense and the court has reason to believe that drug or alcohol use was a factor leading to the offender's criminal behavior.  If the court grants a request for intervention in lieu of conviction, the court must place the offender under the appropriate probation department and establish an intervention plan for the offender.  The intervention plan must include a requirement that the offender, for at least one year, refrain from the use of illegal drugs and alcohol and submit to regular random drug and alcohol testing.  The plan may also include any other treatment terms and conditions, or terms and conditions similar to community control sanctions that the court deems appropriate.  If the offender successfully completes the intervention, the court dismisses the criminal proceedings.  If the offender fails to successfully complete the intervention, the court must enter a finding of guilty and impose an appropriate criminal sanction.  (R.C. 2951.041.)

The bill.  The bill expands the list of who qualifies for intervention in lieu of conviction, modifies the requirements for an intervention plan, and provides for the possibility of continued treatment if a person is sentenced to a prison term.

With respect to qualification for intervention in lieu of conviction, the bill specifically includes an offender charged with theft or any of the various types of theft, unauthorized use of a vehicle, passing bad checks, misuse of credit cards, forgery, forging identification cards, nonsupport of dependents, or contributing to the nonsupport of dependents within the category of offenders for whom the court may grant intervention in lieu of conviction.  The bill also limits the disqualification for intervention on the basis of a prior felony conviction or guilty plea to a person who was previously convicted of or pleaded guilty to a felony offense of violence.  Further, the bill limits disqualification on the basis of a trafficking in drugs charge to a person charged with trafficking in drugs that is a felony of the first, second, third, or fourth degree.  Therefore, a person charged with a trafficking in drug offense that is a misdemeanor or a felony of the fifth degree would be eligible.  Finally, the bill eliminates the charge of fourth degree felony drug possession as a disqualification for intervention in lieu of conviction.  (R.C. 2941.041(A) and (B)(1), (3), and (4).)

With respect to the requirements for an intervention plan, the bill requires that an intervention plan for an offender who is granted intervention in lieu of conviction include participation in drug or alcohol treatment.  It also permits the plan to include community service or restitution.  (R.C. 2941.041(D).)

Finally, the bill specifies that if the court sentences the offender to a prison term the court, after consulting with the Department of Rehabilitation and Correction (DRC) regarding the availability of services, may order the continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from DRC concerning the offender's progress in the program of activity and treatment, may consider judicial release, as discussed below in "Judicial release."  (R.C. 2951.041(F).)

Sheriff's delivery of felon to prison

Under existing law, unless the execution of sentence is suspended, the sheriff of the county in which a felon has been convicted and sentenced to imprisonment in a state correctional institution must convey the felon to the reception facility designated by DRC within five days after sentencing, excluding Saturdays, Sundays, and legal holidays.  The sheriff must deliver the felon into the custody of the managing officer of the reception facility and present the managing officer with a copy of the felon's sentence containing specified information.

The bill excepts from the delivery requirement a convicted felon who has less than 30 days to serve in prison if DRC and the sheriff agree to other arrangements.  The bill also allows DRC and the sheriff to agree to electronically processed prisoner commitment instead of presentation of paperwork.  (R.C. 2949.12.)

Bad time

Existing law provides for the administrative extension of a prison term by the Parole Board based on the offender's criminal conduct in prison.  These extensions, known as "bad time," have been declared unconstitutional.  The bill eliminates references to bad time or administrative extensions of sentences.  (Repeal of R.C. 2967.11 and R.C. 9.06(C)(4), 2929.01(B) and (BB)(3), 2929.13(G)(1), 2929.20(J), 2943.032(A), (B), (C), and (D), 5120.63(G), and 5145.01, conforming changes in R.C. 2929.14(D)(2)(b)(ii) and 2967.141(B).)

Disability insurance for prisoners in Ohio Penal Industries

Current law

Existing law allows for the employment in an approved assignment of inmates committed to detention facilities and in DRC custody under the Federal Prison Industries Enhancement Certification Program.  Private employers who purchase goods made by inmates or utilize inmate labor in the production of goods under the program must purchase and are solely responsible for providing an insurance policy that provides benefit payments for compensable injuries sustained by an inmate while participating in the program.  The benefit payments are to compensate the inmate for temporary or permanent loss of earning capacity that results from a compensable injury and is present at the time of the inmate's release.  The benefits are awarded upon the inmate's release from prison by parole or final discharge.  Private employers must submit to the Prison Labor Advisory Board as a requirement for participation in the program proof of liability coverage that meets federal requirements.  Any benefit awarded for any injury under these provisions is the exclusive remedy against the private employer and the state.  Benefits are not payable for injuries occurring as the result of a fight, assault, horseplay, or other activity that is prohibited by the inmate conduct rules of DRC or the institution.  If an inmate who is awarded benefits is recommitted to DRC custody, the benefits cease until the inmate's subsequent parole or discharge from incarceration.  (R.C. 5145.163.)

The bill

The bill makes multiple changes to the disability insurance provisions for covered inmates, discussed above in "Current law."  First, the bill clarifies that an eligible inmate is one who is committed to the custody of DRC and is participating in an Ohio Penal Industries program that is under the Federal Prison Industries Enhancement Certification Program (R.C. 5145.163(A)(4)).

Second, the bill adds definitions for "injury," "loss of earning capacity," and for two kinds of prison industry enterprises, the "customer model enterprise" and the "employer model enterprise."  The "customer model enterprise" is an enterprise conducted under a federal prison industries enhancement certification program in which a private party participates in the enterprise only as a purchaser of goods and services.  The "employer model enterprise" is an enterprise conducted under a federal prison industries enhancement certification program in which a private party operates the enterprise.  The bill defines "injury" as a diagnosable injury to an inmate supported by medical findings sustained in the course of and arising out of authorized work activity that was an integral part of participation in the Ohio Penal Industries Program.  "Loss of earning capacity" means an impairment of the body of an inmate to a degree that makes the inmate unable to return to work activity under the Ohio Penal Industries Program and results in a reduction of compensation earned by the inmate at the time the injury occurred.  (R.C. 5145.163(A).)

Third, the bill specifies that every inmate must be covered by a policy of disability insurance to provide benefits for loss of earning capacity due to an injury and for medical treatment of the injury following the inmate's release from prison.  Unlike current law's requirement that private employers purchase disability insurance, the bill requires Ohio Penal Industries, a state program, to purchase the disability insurance for inmates working in a customer model enterprise.  Private participants still must purchase the disability insurance for inmates working in an employer model enterprise.  (R.C. 5145.163(B).)

Fourth, the bill establishes a procedure for the filing of disability claims.  Within 90 days after sustaining an injury, an inmate may file a disability claim with the purchaser of the disability insurance policy.  The insurer may require that the inmate be medically examined.  Based on the examination, the insurer determines the inmate's entitlement to disability benefits.  The inmate then has 30 days to accept or reject an award.  If the inmate accepts the award, the benefits are payable upon the inmate's release from prison.  The amount of benefits payable are reduced by sick leave benefits or other compensation for lost pay made by Ohio Penal Industries to the inmate due to an injury that rendered the inmate unable to work.

The bill expands on current law's exclusions for receipt of disability benefits.  An inmate may not receive disability benefits for injuries occurring as the result of a fight, assault, horseplay, purposely self-inflicted injury, use of alcohol or controlled substances, misuse of prescription drugs (added by the bill), or other activity that is prohibited by the inmate conduct rules of DRC or the institution or by the work rules of a private participant in the enterprise (added by the bill).

Similar to existing law, an award of benefits accepted by an inmate is the inmate's exclusive remedy against the insurer, the private operator, and the state.  However the bill provides that if an inmate rejects an award or a disability claim is denied, the inmate may bring an action in the Court of Claims within the appropriate period of limitations.  The bill makes no substantive changes to current law's requirement that an inmate's benefits cease upon reincarceration.  (R.C. 5145.163(C), (E), (F), and (G).)

Early release from prison

Intensive programming

Under existing law, unchanged by the bill, DRC may reduce the stated prison term of a prisoner upon the prisoner's successful completion of a 90-day period in an intensive program prison.  A prisoner whose term has been so reduced must serve an intermediate, transitional type of detention followed by a release under post-release control sanctions or alternatively may be placed under post-release control sanctions.

Under current law, if a person who is released from prison early under this provision violates the terms of post-release control sanctions by committing a new felony, the court, in addition to imposing a sentence for the new felony, may sentence the person to a maximum prison term of the greater of (1) 12 months or (2) the period of post-release control not yet served.  The bill additionally provides that the maximum prison term for such a releasee is the greater of (1) 12 months, (2) the period of post-release control, or (3) the period of time by which the prison term was reduced following 90 days of intensive programming.  (R.C. 5120.032(B)(1)(b) (not in the bill) and 2929.141(B)(1).)

Judicial release

Current law.  Existing law provides a procedure by which an "eligible offender" may apply to the sentencing court for release from incarceration ahead of schedule.  An "eligible offender" is an offender whose stated prison term is ten years or less and either the stated prison term is not a mandatory prison term or includes a mandatory prison term that has been served.

Upon the filing of a motion by an eligible offender or upon its own motion, a sentencing court may reduce the offender's stated prison term through a judicial release.  The motion must be filed within a specified time frame depending on the offender's offense and sentence.  The court may schedule a hearing on the motion.  A motion may be denied without a hearing, but a motion cannot be granted without a hearing.  If a court denies a motion without a hearing, the court may consider a subsequent motion for that offender, but a court can hold only one hearing for any eligible offender, and, if it denies a motion after a hearing, it cannot consider a subsequent motion for that offender.  If the court grants a motion for judicial release, the court must order the release of the offender, place the offender under an appropriate community control sanction or conditions, and place the offender under the supervision of the probation department serving the court.  The court must also reserve the right to reimpose the sentence that it reduced if the offender violates the sanction.  (R.C. 2929.20.)

The bill.  The bill makes three changes to the judicial release statute.  First, the bill eliminates the requirement that an eligible offender is an offender whose stated prison term is ten years or less.  Thus, under the bill, an "eligible offender" is a person whose stated prison term is either not a mandatory prison term or includes a mandatory prison term that has been served.  (R.C. 2929.20(A), (B)(1)(c), and (B)(4).)

Secondly, under current law, an eligible offender who is serving a prison term of a fourth or fifth degree felony (with certain exceptions) may apply for judicial release not earlier than 30 days and not later than 90 days after the offender is delivered to the correctional facility.  The bill eliminates the requirement that motion be filed not later than 90 days after the offender is delivered to the correctional facility.  Therefore, such an eligible offender may file a motion for judicial release at any time after the 30 days has elapsed.  (R.C. 2929.20(B)(1)(a).)

Lastly, the bill authorizes the head of a correctional institution, upon an eligible offender's successful completion of rehabilitative activities, to notify the sentencing court of the offender's eligibility for judicial release and of the successful completion of the activities (R.C. 2929.20(E) and conforming changes in R.C. 2953.08).

Medical release

Current law.  Existing law authorizes the Governor, upon recommendation of the Director of DRC and a certificate of the attending physician that a prisoner or convict is in imminent danger of death, to order the prisoner's or convict's release as if on parole.  If the releasee's health improves, he or she must be returned to prison.  If the releasee violates any applicable rules or conditions, the releasee may be returned to an institution under DRC control.  (R.C. 2967.05.)

The bill.  The bill expands the grounds for medical release of prisoners.  When the head of a correctional institution notifies the Adult Parole Authority (APA) of a prisoner's medical incapacitation, terminal illness, or imminent danger of death in accordance with rules adopted by the APA, the APA may recommend to the Governor the prisoner's medical release (italicized provisions added by the bill).  The bill requires the APA to notify victims as in other cases of early release, such as judicial release or pardon, and to consider the statements of the victim or victim's representative regarding release before making a recommendation.  The bill authorizes the Governor to direct the APA to investigate a prisoner whose release the Director of DRC has recommended for a medical release and to make an appropriate recommendation.  It provides that a released inmate is subject to supervision by the APA in accordance with any recommendation of the APA that the Governor approves.  The bill eliminates the requirement that a releasee whose health improves be returned to prison.  (R.C. 2967.03 and 2967.05.)

The bill requires the APA to adopt rules to establish the eligibility and procedure for medical release of an inmate when an inmate is terminally ill, medically incapacitated, or in imminent danger of death (R.C. 2967.05).

Identification cards for prisoners upon release

The bill requires that DRC, before releasing a prisoner from a state correctional institution, attempt to verify the prisoner's identification and Social Security number.  If they cannot be identified and the prisoner has no other documentary evidence required by the Registrar of Motor Vehicles for the issuance of an ID card under R.C. 4507.50 (nondriver ID cards), DRC must issue to the prisoner upon the prisoner's release an identification card that the prisoner may present to the Registrar or a deputy registrar of motor vehicles to obtain an ID card.  A released prisoner who obtains a DRC identification card may apply to the Registrar or a deputy registrar for an ID card without payment of a fee, including any lamination fee.  The DRC identification card is sufficient documentary evidence of the applicant's age and identity for the Registrar's issuance of the ID card.   Upon issuing an ID card, the Registrar or deputy registrar must destroy the DRC identification card.  The bill authorizes the Director of Rehabilitation and Correction to adopt rules relating to the issuance of DRC identification cards.  (R.C. 4507.50(B)(2), 4507.51(B), and 5120.59.)

Court agreements relating to post-release control of offenders

Current law

Continuing law, unchanged by the bill, requires post-release control of specified periods of time for persons sentenced for felonies of the first and second degree, felony sex offenses, and certain felonies of the third degree.  For other offenders the Parole Board may impose post-release control of up to three years if the Board determines it is necessary.  Under current law, the Parole Board is responsible for determining the conditions of post-release control, and the APA (which includes a chief, the Parole Board, and a field services division) is responsible for evaluating an offender's compliance with the terms of post-release control.

Except for felonies of the first degree and felony sex offenses, the APA may recommend that the Parole Board reduce the duration of post-release control if warranted.  If the APA determines that an offender has violated a condition of post-release control, the APA may impose a more restrictive sanction or may report the violation to the Parole Board.  If the Parole Board determines that the offender violated post-release control, the Parole Board may increase the duration of post-release control up to the authorized maximum, impose a more restrictive sanction, or impose a prison term.  A prison term imposed by the Parole Board for a violation of post-release control may not exceed nine months, and the maximum cumulative prison term for all violations of post-release control may not exceed one-half of the stated prison term originally imposed upon the offender as part of the sentence.  (R.C. 2967.28.)

The bill

Instead of the Parole Board and the APA having the sole decision-making authority over post-release control, the bill authorizes a court of common pleas to cooperate with DRC in the supervision of offenders who return to the court's territorial jurisdiction after serving a prison term.  After consultation with the board of county commissioners, the court may enter into an agreement with DRC allowing the court and the Parole Board to make joint decisions relating to parole and post-release control.  (R.C. 2967.29(A).)

The agreement must include at least all of the following (R.C. 2967.29(B)):

(1)  The categories of offenders with regard to which the court may participate in making decisions;

(2)  The process by which the offenders in each category will be identified;

(3)  The process by which the court and the Parole Board will monitor offenders and make recommendations regarding programming while the offenders are in prison;

(4)  The process by which the court will participate in setting appropriate sanctions and conditions on offenders who leave prison on post-release control or parole;

(5)  The process by which the court may participate in reducing the duration of the period of post-release control;

(6)  Guidelines for the supervision of offenders under post-release control or parole supervision;

(7)  Guidelines for sanctions for violations of parole or post-release control;

(8)  Provisions that take into account the perspective of affected victims.

A court that enters into an agreement must provide DRC with a presentence investigation upon the offender's admission to prison, and DRC must provide the court with a summary of an offender's progress while in prison prior to the offender's release (R.C. 2967.29(C)).

The bill also makes changes to the reduction or increase in the period of post-release control.  Unlike the provision of current law that permits the APA to recommend a reduction in post-release control only for offenses other than first degree felonies or felony sex offenses, the bill permits the APA to recommend reductions in the period of post-release control for any offender.  However, the Parole Board or court, if there is an agreement as described above, may not reduce the period of post-release control for a sentence for a first degree felony or felony sex offense to a period less than the length of the stated prison term originally imposed for the offense.

The bill also permits the APA to recommend increases in the duration of post-release control.  If the APA recommends an increase in the duration of post-release control, the Parole Board or court must review the releasee's behavior and may increase the period of post-release control up to eight years.  (R.C. 2967.28(D)(2).)

The bill also provides that, if a releasee's stated prison term was reduced pursuant to an intensive prison program under R.C. 5120.032 (not in the bill), if the releasee violates conditions of post-release control, and if the Parole Board decides to impose a prison term as a sanction for the violation, the period of a prison term for the violation and the maximum cumulative prison term for all violations of post-release control may not exceed the period of time not served in prison for the original sentence (R.C. 2967.28(F)(3)).

Funding of probation services

Current law

Under current law, if a court imposes a community control sanction on an offender, the court may place that offender under the control and supervision of a probation department.  Depending on the county and the court, the probation department may be a county department of probation, a multicounty department of probation, a municipal court department of probation, or the APA if there is no county department of probation and the court has entered into an agreement with the APA for the supervision of offenders or the court has entered into an agreement with the APA for the provision of extra services.  If the court places the offender under the control and supervision of one of these probation departments, the court may order the offender to pay a monthly supervision fee of not more than $50.  These supervision fees are transferred to the County Probation Services Fund and credited to either the county department of probation account, multicounty department of probation account, the municipal court department of probation account, or the APA account, as appropriate.  With respect to money in the APA account, the county treasurer must transfer funds in the APA account to the APA Probation Services Fund.  The APA may use money in this Fund for probation-related expenses, such as specialized staff, purchase of equipment, purchase of services, reconciliation programs for victims and offenders, other treatment programs, including alcohol and drug addiction programs, determined to be appropriate by the chief of the APA, and other similar probation-related expenses.

Annually, each of the probation departments must prepare a report regarding its use of funds from the county department of probation account, multicounty department of probation account, the municipal court department of probation account, or the APA account.  With respect to the APA account, this report must be filed with the chairpersons of the finance committees of the Senate and House of Representatives, the Director of the Office of Budget and Management, the Legislative Service Commission, and the Board of County Commissioners in each county for which the APA provides probation services.   (R.C. 321.44(A)(1), 2951.021(A) and (D), and 5149.06(B).)

The bill

The bill abolishes the APA Probation Services Fund.  Monthly probation supervision fees paid by offenders under the supervision of the APA that under existing law the clerk of the court of common pleas must transfer to that fund remain in the County Probation Services Fund in an account for the court of common pleas, instead of in an account for the APA.  The court may use these funds for the same purposes as the APA can use the funds in the APA Probation Services Fund under current law:  specialized staff, purchase of equipment, purchase of services, reconciliation programs for victims and offenders, other treatment programs, including alcohol and drug addiction programs, determined to be appropriate by the APA, and other similar uses related to placing offenders under a community control sanction.

Similar to probation departments, a court of common pleas must annually report on its use of funds in the court's account.  The report must be submitted to the Director of DRC, the Chief of the APA, and the Board of County Commissioners in each county for which the APA provides probation services.  (R.C. 321.44(A)(1)(d) and (2), 2951.021(C)(4) and (D), and 5149.06(B).)

Grounds for disciplinary action by occupational licensing boards

Generally when the commission of a criminal offense is a bar to receiving an occupational or professional license, the bill eliminates the commission of a felony or misdemeanor as grounds for discipline by an occupational licensing board or for denial of an occupational or professional license or certificate.  When applicable, the bill also removes references to crimes involving "moral turpitude."  A licensee or certificate holder may still be disciplined if the conduct that gave rise to the felony conviction also falls within some other category of conduct for which the person may be disciplined, such as a violation of the occupation's rules of professional conduct.  (See COMMENT for a list of affected occupations.)

There are several exceptions to the removal of felonies and misdemeanors as grounds for discipline by an occupational licensing board or for denial of a license or certificate.  While the broad category of "felony" is removed as grounds for discipline, the bill permits accountants to still be disciplined for a conviction involving dishonesty or fraud (R.C. 4701.16(A)(5)).  Similarly, auctioneers are prohibited from receiving a license for a crime involving fraud or theft during the ten years immediately preceding application (R.C. 4707.02).  Telephone solicitors may be denied a license for commission of corrupt activity, racketeering, theft, or a violation of securities law (R.C. 4719.03(B)(4)).

To replace commission of a felony, misdemeanor, or crime of moral turpitude, where the bill eliminates commission of one of these offenses as grounds for disciplinary action, it generally substitutes "conviction of a criminal offense substantially related to the fitness or ability of the applicant or licensee to perform the duties and meet the responsibilities of a [licensee]," or words to that effect.  However, there are several exceptions to the inclusion of the language regarding conviction of a criminal offense substantially related to the practice of the particular profession.  The licensing laws applicable to accountants, architects, auctioneers, and telephone solicitors do not contain this grounds for discipline or denial of a license.  (R.C. 4701.16, 4703.15, 4707.02, and 4719.03.)

The bill requires each board, commission, or agency created under or by virtue of R.C. Title 47 to determine which criminal offenses are substantially related to a person's fitness and ability to perform the duties and responsibilities of the profession or occupation regulated by the board, commission, or agency.  Not later than 180 days after the bill's effective date, every such board, commission, or agency must adopt a rule that lists by Revised Code section number and name of the offense every criminal offense it determines to be substantially related to a person's fitness and ability to perform the duties and responsibilities of the profession or occupation it regulates and states the reasons for the determination.  (R.C. 4743.06.)

The bill also eliminates a provision in the chapter regulating pawnbrokers that allows the Superintendent of Financial Institutions to suspend the license of a pawnbroker without a prior hearing upon the criminal conviction of a licensee or any employee, manager, officer, director, shareholder, member, or partner of the licensee for a violation of that chapter (R.C. 4727.15(B)).

Indemnification and legal representation of DRC employees

Indemnification

The bill gives to DRC employees the right to be indemnified for the reasonable cost of legal representation if the employees are subject to criminal charges for actions occurring within the scope and in the course of assigned duties and the charges are dismissed or the employee is acquitted.  An employee may request indemnification by submitting a written request to the Director of Rehabilitation and Correction.  The Director must determine whether to recommend indemnification and transmit the recommendation to the Attorney General.  The Attorney General, upon reviewing the request, the recommendation, and any other information the Attorney General may require, decides whether or not the employee is to be indemnified.  The Attorney General's decision is not subject to appeal or review of any kind, and no person has a right of action against DRC based on the decision.  (R.C. 9.871(A) and (B).)

The bill sets out the exclusive procedure by which indemnification may be accomplished.  If the Director of Rehabilitation and Correction determines that the actions or omissions of the employee that gave rise to the claim were within the scope of the employee's employment and that the costs of legal representation should be indemnified, the Attorney General must prepare an indemnity agreement specifying that DRC will indemnify the employee from the expenses of legal representation.  The agreement is not effective until it is approved by the employee, the Director, and the Attorney General.  After the agreement is approved, the Attorney General forwards a copy of the agreement to the Director of Budget and Management, who charges any indemnification paid against available unencumbered moneys in DRC appropriations.  The Director of Budget and Management has sole discretion to determine whether or not unencumbered moneys in a particular appropriation are available for payment of the indemnification.  Upon receiving the agreement from the Attorney General, the Director of Budget and Management provides for payment to the employee in the agreed-upon amount.  If sufficient unencumbered moneys do not exist in the particular appropriations to pay the indemnification, the Director of Budget and Management must make application for payment out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation must be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests, or requests for releases from the other appropriation.  If sufficient moneys do not exist in these sources, the Director of Rehabilitation and Correction must request the General Assembly to make an appropriation sufficient to pay the indemnification.  DRC must make the appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made.  (R.C. 9.871(C).)

Legal representation

The bill provides for legal representation for a DRC employee in a criminal proceeding when the employee used deadly force that resulted in the death of another, the use of deadly force occurred within the scope and in the course of the employee's assigned duties, and use of deadly force is being investigated by a prosecuting attorney or other criminal investigating authority for possible criminal charges.  When all those conditions have been met, the employee may submit a request for legal representation to the Director of Rehabilitation and Correction.  If the Director determines that all the conditions apply and that the requested legal representation is appropriate, the Director may approve the request and submit it to the Attorney General.  The Attorney General must then furnish the employee the names of three attorneys who are admitted to the bar in Ohio and have experience in the defense of criminal charges.  The employee may select one of the attorneys to represent the employee until the grand jury concludes its proceedings or the case is disposed of before then.  (R.C. 109.37(A) and (B).)

The bill provides that an attorney who represents an employee pursuant to the foregoing procedure is to be paid at the usual rate for like services in the community in which the criminal proceedings occur or at the usual rate paid to special counsel under R.C. 109.07, as the Attorney General decides.  DRC is responsible for paying the attorney and all reasonable expenses and court costs incurred in the defense of the employee.  The Attorney General may adopt rules concerning the compensation of attorneys.  (R.C. 109.37(C).)

Under the bill, if the criminal investigation results in an indictment based on the employee's use of deadly force, an attorney who represents the employee pursuant to the foregoing procedure may continue to represent the employee in the criminal proceeding on any terms to which the attorney and employee mutually agree.  However, except as provided under the bill's indemnification provision, discussed above in "Indemnification," neither the Attorney General nor DRC is obligated to provide the employee with legal representation or to pay attorney's fees, expenses, or court costs incurred by the employee following the indictment.  (R.C. 190.37(D).)

Deadly weapons, drugs, and liquor on DRC or DYS property

Existing law prohibits an unauthorized person from knowingly conveying, or attempting to convey, onto the grounds of a detention facility or of an institution that is under the control of the Department of Mental Health (DMH) or the Department of Mental Retardation and Developmental Disabilities (DMRDD) any of the following:

(1)  Any deadly weapon or dangerous ordnance or any part of or ammunition for use in a deadly weapon or dangerous ordnance (illegal conveyance of weapons onto the grounds of a specified governmental facility, a felony of the fourth degree);

(2)  A drug of abuse (illegal conveyance of drugs of abuse onto the grounds of a specified governmental facility, a felony of the third degree); or

(3)  Intoxicating liquor (illegal conveyance of intoxicating liquor onto the grounds of a specified governmental facility, a misdemeanor of the second degree).

The bill expands the list of prohibited places where deadly weapons, dangerous ordnance, ammunition for those weapons, drugs of abuse, or intoxicating liquor may not be conveyed to include institutions under the control of DRC or the Department of Youth Services (DYS) and office buildings and other places under the control of DMH, DMRDD, DYS, or DRC.  The bill makes no change to the penalties for these offenses.  (R.C. 2921.36(A) and (B).)

Existing law also prohibits the delivery or attempted delivery of any of the items mentioned above in the prior paragraphs to a person who is confined in a detention facility or who is a patient in an institution under DMH or DMRDD control.  A violation of this prohibition involving weapons or ammunition is the offense of illegal conveyance of weapons onto the grounds of a specified governmental facility.  A violation of this prohibition involving drugs is the offense of illegal conveyance of drugs of abuse onto the grounds of a specified governmental facility.  A violation of this prohibition involving liquor is the offense of illegal conveyance of intoxicating liquor onto the grounds of a specified governmental facility.

Existing law also prohibits the delivery or attempted delivery of cash or an electronic communications device to a person confined in a detention facility.  A violation of this prohibition is either the offense of illegal conveyance of cash onto the grounds of a detention facility or the offense of illegal conveyance of a communications device onto the grounds of a specified governmental facility, misdemeanors of the first degree for a first offense, and felonies of the fifth degree on subsequent offenses.

The bill expands these prohibitions to also prohibit the delivery or attempted delivery of weapons, drugs, liquor, cash, or electronic communications devices to a child confined in a youth services facility or to a prisoner who is temporarily released from confinement for a work assignment.  The bill makes no changes to the penalties of these offenses.  (R.C. 2921.36(C), (D), and (E).)

Miscellaneous provisions related to DRC

Under current law, superintendents of city hospitals, directors or superintendents of city infirmaries, county homes, or other charitable institutions, directors or superintendents of publicly supported workhouses, superintendents or managing officers of state benevolent or correctional institutions, boards of township trustees, sheriffs, and coroners are required to offer the unidentified or unclaimed bodies of deceased inmates to medical schools before having them buried.  The bill eliminates correctional institutions from this requirement.  (R.C. 1713.34.)

Existing law authorizes DRC to enter into a contract with a political subdivision in which a state correctional institution is located under which the institution will provide sewage treatment services for the political subdivision if the state correctional institution has a sewage treatment facility with sufficient excess capacity to provide the services.  The bill allows DRC to enter into such agreements with any person, in addition to political subdivisions, and allows similar agreements for the provision of water treatment services.  (R.C. 5120.52.)

The bill creates in the state treasury the Federal Equitable Sharing Fund.  The Director of Rehabilitation and Correction must deposit in the fund all money received by DRC from the federal government as equitable sharing payments under 28 U.S.C. 524 and must adopt rules pursuant to the Administrative Procedure Act for the operation of the fund.  (R.C. 5120.70.)

Department of Youth Services

Supervision of children

Under existing law, DYS is responsible for supervising, finding homes and jobs for, and providing appropriate services for children released from its institutions, except with respect to children who are granted a judicial release to court supervision.  The bill states that the regional administrators, through their staff of parole officers, will supervise children paroled or released to community supervision in a manner that insures as nearly as possible the children's rehabilitation and that provides maximum protection to the general public.  The bill requires all state and local officials to furnish any information to juvenile parole officers that they may request in the performance of their duties.  (R.C. 5139.18(A).)

The bill also requires a juvenile parole officer to furnish to a child placed on community control under the parole officer's supervision a statement of the conditions of parole and to instruct the child regarding them.  The parole officer must keep informed concerning the conduct and condition of the child and report on the child's conduct to the judge as the judge directs, use all suitable methods to aid a child on community control and to improve the child's conduct and condition, and keep full and accurate records of work done for children under his or her supervision.  (R.C. 5139.18(C).)

Existing law, unchanged by the bill, permits a court to issue an order requiring boards of education, governing bodies of chartered nonpublic schools, public children services agencies, private child placing agencies, probation departments, law enforcement agencies, and prosecuting attorneys that have records related to a child found to be an unruly child, adjudicated a delinquent child, or found to be a juvenile traffic offender to provide DYS, upon request, with copies of one or more specified records, or specified information in one or more specified records, that the individual or entity has with respect to the child when DYS has custody of the child or is performing any services for the child that are required by the juvenile court or by statute (R.C. 2151.14(D), not in the bill).  The bill restates this provision (R.C. 5139.18(D)).

Medical care reimbursement rates

Under existing law, if a physician employed by or under contract to a county or DRC to provide medical services to confined persons determines that a person who is confined or is in the custody of a law enforcement officer prior to confinement requires necessary care that the physician cannot provide, another medical provider must render the necessary care.  The county or DRC must pay the medical provider an amount not exceeding the authorized Medicaid reimbursement rate for the same service.  The bill extends this provision to DYS so that DYS must also pay a medical provider who renders necessary care an amount not exceeding the authorized Medicaid reimbursement rate for the same service.  (R.C. 341.192.)

In-service training

Existing law requires DYS to provide, at least once every six months, in-service training programs for staff members of detention facilities or district detention facilities and to pay all travel and other necessary expenses incurred by participating staff members.  The bill requires instead that DYS, once every six months, fund in-service training programs approved by DYS.  The bill also eliminates the specific requirement that DYS pay the travel and other expenses of participants.  (R.C. 5139.281.)

Inspection of facilities

Under existing law, DYS may inspect facilities that receive or have applied for DYS financial assistance.  The inspection may include observation and evaluation of the training and treatment of children admitted to the facility.  The bill changes "training" to "programming."  (R.C. 5139.31.)

Community corrections facility boards

A community corrections facility is a county or multicounty rehabilitation center for felony delinquents who have been committed to DYS and diverted from care and custody in a DYS institution and placed in the community corrections facility pursuant to a DYS or county referral (R.C. 5139.01(A)(14), not in the bill).[4]  The bill makes several changes regarding the governing board of a community corrections facility and the facility's advisory board, if one exists.

First, under existing law, a community corrections facility must reimburse the members of its advisory board, if it has one, for their actual and necessary expenses incurred in the performance of their official duties.  The bill authorizes but does not require the community corrections facility to provide such reimbursement to both the members of the advisory board and the members of the board or other governing body of the community corrections facility.

Second, current law provides that members of an advisory board serve without compensation.  The bill provides that the members of the board or other governing body also must serve without compensation.

Finally, the bill requires the board or other governing body of a community corrections facility to meet at least quarterly.  (R.C. 5139.36(F).)

Transfer of felony delinquents to community facilities

Under existing law, within 90 days prior to the expiration of the prescribed minimum period of institutionalization of a felony delinquent committed to DYS and with prior notification to the committing court, DYS may transfer the felony delinquent to a community facility for a period of supervised treatment prior to ordering a release of the felony delinquent on supervised release or prior to the release and placement of the felony delinquent as described in R.C. 5139.18.[5]  The bill requires prior approval of the committing court for DYS to make the transfer and eliminates the reference to release and placement under R.C. 5139.18.  (R.C. 5139.38.)

County juvenile program allocations

Continuing law directs DYS to disburse county juvenile program allocations among county juvenile courts that administer programs and services for prevention, early intervention, diversion, treatment, and rehabilitation for alleged or adjudicated unruly or delinquent children or for children who are at risk of becoming unruly or delinquent children.  The bill corrects the method by which DYS makes county juvenile program allocations to county juvenile courts.

Under current law, DYS is supposed to base funding on a county's previous year's ratio of DYS's institutional and community correctional facilities commitments to the county's four-year average of felony adjudications, divided by statewide ratios of commitments to felony adjudications, in accordance with a formula set out in R.C. 5139.41(C).  DYS is supposed to subtract from the county allocation determined under the first part of the formula a credit for every chargeable bed day a youth stays in a DYS institution and two-thirds of a credit for every chargeable bed day a youth stays in a community correctional facility.

The bill deletes the italicized language that requires the ratio of DYS's commitments to the county's four-year average of felony adjudications to be divided by statewide ratios of commitments to felony adjudications.  The bill also provides that when subtracting from the county allocation the specified chargeable bed days, that DYS will not subtract public safety beds (designated felony delinquents and designated delinquent children who have committed acts that would be felonies if committed by adults).  (R.C. 5139.41(C).)[6]

Use of county felony delinquent care and custody fund

Current law.  Under current law, unchanged by the bill, each juvenile court that receives money disbursed by DYS for the care and custody of felony delinquents must transmit those funds to the county treasurer for deposit in a felony delinquent care and custody fund.  A county and juvenile court must use money in the fund in accordance with DYS rules and as provided by statute (generally funds may be used for prevention, early intervention, diversion, treatment, and rehabilitation programs for unruly children, delinquent children, and juvenile traffic offenders).

Current law, however, also specifies purposes for which these funds may not be used.  Generally, these funds may not be used for capital improvements.  Also, current law provides that the county and the juvenile court that serves the county may not use money in the fund for the provision of care and services for children, including, but not limited to, care and services in a detention facility, in another facility, or in out-of-home placement, unless the minimum standards that apply to the care and services and prescribed in rules adopted by DYS have been satisfied.  (R.C. 5139.43(B)(2).)

The bill.  The bill modifies how a county and juvenile court may expend money in the county felony delinquent care and custody fund.  First, the bill specifies that money in the fund may not be used to support programs or services that do not comply with federal juvenile justice and delinquency prevention core requirements or to support programs or services that research has shown to be ineffective.  Second, the bill eliminates the italicized language regarding care and services that do not meet minimum standards, described above in "Current law," and provides instead that the court may use money in the fund to provide out-of-home placement of children only in detention centers, community rehabilitation centers, or community corrections facilities approved by DYS pursuant to DYS standards, licensed by an authorized state agency, or accredited by the American Correctional Association or another national organization recognized by DYS.  (R.C. 5139.43(B)(2)(a)(iii) and (iv).)

Fiscal monitoring of juvenile court

Current law.  Under current law, DYS may require a juvenile court and a county that receive money disbursed by DYS for the care and custody of felony delinquents to participate in a fiscal monitoring program or another monitoring program to ensure compliance with the use of those funds and reporting requirements.  If DYS requires participation, the juvenile court and county must fully comply with any guidelines for the performance of audits and all DYS requests for information necessary to reconcile fiscal accounting.  If a fiscal monitoring program audit or similar audit reveals that money in the county felony delinquent care and custody fund was used for unauthorized purposes, the county must repay the money to the state or file a written appeal with the state.  If no appeal is filed or the appeal is denied and if the county fails to make the repayment within 30 days after an appeal to the Director of Youth Services is denied, DYS must deduct the amount of the unauthorized expenditures from future allocations or grants.  (R.C. 5139.43(B)(3)(d).)

The bill.  The bill makes two changes with respect to the fiscal monitoring program.  First, the bill provides that if a juvenile court and county fail to comply with a fiscal monitoring program, DYS is not required to make any disbursements for county juvenile program allocations, discussed above in "County juvenile program allocations," or state subsidy grants awarded to a county or juvenile court for the prevention, early intervention, diversion, treatment, and rehabilitation for alleged or adjudicated unruly or delinquent children or for children who are at risk of becoming unruly or delinquent children (collectively, these are the funds held in the county's felony delinquent care and custody fund) (R.C. 5139.43(B)(2)(b)).

Second, the bill eliminates the requirement that money not repaid to the state for the improper usage of money in the county felony delinquent care and custody fund, discussed above in "Current law" be deducted from future allocations or grants (R.C. 5139.43(B)(3)(d)).

Deputy director

DYS does not have an assistant director.  The bill provides that in a department without an assistant director (including departments other than DYS), the director must designate a deputy director to act as director in case of the director's absence or disability.  In a Revised Code section dealing with the organization of DYS, the bill eliminates references to the assistant director and authorizes the Director of Youth Services to designate in writing one or more deputy directors to sign any personnel actions on the director's behalf.  A designation of a deputy director to sign personnel actions remains in effect until revoked or superseded by a new designation.  (R.C. 121.05 and 5139.02(D).)

Release Authority

Current law.  The Release Authority is responsible for determining the release and discharge of all children committed to the legal custody of DYS, except for those children who are on judicial release, children who have not completed a prescribed minimum term, or children who are required to remain in a secure facility until they reach 21 years of age.  The Release Authority consists of five members appointed by the Director of Youth Services.  Currently, members serve six-year terms.  Members may be reappointed but may serve no more than two consecutive terms regardless of the length of the member's original term.  (R.C. 5139.50.)

The bill.  The bill changes the terms of office for members of the DYS Release Authority from six to four years and eliminates the limitation of a member's service to two consecutive terms (R.C. 5139.50(C)).

Ex-offender Reentry Coalition

The bill creates the Ex-offender Reentry Coalition consisting of the following 15 members or their designees:  the Directors of Rehabilitation and Correction, Aging, Alcohol and Drug Addiction Services, Development, Health, Job and Family Services, Mental Health, Mental Retardation and Developmental Disabilities, Public Safety, Youth Services, the Governor's Office of External Affairs and Economic Opportunity, the Governor's Office of Faith-Based and Community Initiatives, and the Rehabilitation Services Commission; the Superintendent of Public Instruction; and the Chancellor of the Ohio Board of Regents.  The members of the Coalition are to serve without compensation.  The Director of Rehabilitation and Correction or the director's designee is the chairperson.  (R.C. 5120.07(A) and (B).)

The bill directs the Coalition, in consultation with persons interested and involved in the reentry of ex-offenders into the community, to identify and examine social service barriers and other obstacles to such reentry.  Within one year after the bill's effective date and on or before the same date of each year thereafter, the Coalition is to submit to the Speaker of the House of Representatives and the President of the Senate a report, including recommendations for legislative action, the activities of the Coalition, and the barriers affecting the successful reentry of ex-offenders into the community.  The report must analyze the effects of those barriers on ex-offenders and on their children and other family members in various areas, including but not limited to, the following:

(1)  Admission to public and other housing;

(2)  Child support obligations and procedures;

(3)  Parental incarceration and family reunification;

(4)  Social security benefits, veterans' benefits, food stamps, and other forms of public assistance;

(5)  Employment;

(6)  Education programs and financial assistance;

(7)  Substance abuse, mental health, and sex offender treatment programs and financial assistance;

(8)  Civic and political participation;

(9)  Other collateral consequences under the Revised Code or the Ohio Administrative Code that may result from a criminal conviction.  (R.C. 5120.07(C).)

Miscellaneous

The bill eliminates obsolete references to parole and parolees in a Revised Code section dealing with violations of post-release control sanctions and other terms of conditional release (R.C. 2929.141).

The bill requires that a court, when imposing a mandatory prison term, notify the offender that the prison term is a mandatory prison term and include the fact that the prison term is a mandatory prison term in the journal entry of the sentence (R.C. 2929.19(B)(3)(b)).

The bill requires that, when a defendant has been committed to a state correctional institution and an appellate court remands the case to the trial court for any reason, the clerk of the court that remands the case certify the remand to the warden of the state correctional institution.  The warden must ensure that the defendant is conveyed to the jail of the county in which the defendant was convicted and committed to the custody of the sheriff.  (R.C. 2953.13.)

Existing law prohibits the transfer or exchange to another country, pursuant to a treaty, of any convicted offender who is serving a term of imprisonment in Ohio for aggravated murder, murder, or a felony of the first or second degree, who is serving a mandatory prison term in Ohio imposed for the commission of specified offenses, or who has been sentenced to death in Ohio.  The bill eliminates the prohibition except for prisoners who have been sentenced to death in Ohio.  (R.C. 5120.53(B)(1).)

The bill makes numerous technical amendments related to division numbering, gender-neutral language, and other nonsubstantive matters.

The following occupations are affected by the bill's amendments to Title 47:

Accountants (R.C. 4701.16);

Architects (R.C. 4703.15);

Auctioneers (R.C. 4707.02);

Barbers (R.C. 4709.13);

Credit services organizations (R.C. 4712.03);

Dentists and dental hygienists (R.C. 4715.30);

Embalmers and funeral directors (R.C. 4717.14);

Telephone solicitors (R.C. 4719.03);

Nurses (R.C. 4723.07, 4723.28);

Optometrists and opticians (R.C. 4725.19, 4725.53);

Pawnbrokers (R.C. 4727.15);

Precious metals dealers (R.C. 4728.13);

Pharmacists and wholesale distributors of dangerous drugs (R.C. 4729.16, 4729.53, 4729.56);

Physician assistants (R.C. 4730.25);

Physicians and podiatrists (R.C. 3923.301, 4731.22, 4731.224, 4731.225, 4731.226, 4731.25);

Psychologists (R.C. 4732.02, 4732.17);

Professional engineers and surveyors (R.C. 4733.20);

Chiropractors (R.C. 4734.31, 4734.39);

Real estate brokers and salespersons, foreign real estate dealers and salespersons (R.C. 4735.07, 4735.09, 4735.13, 4735.27, 4735.28);

Motor vehicle salvage dealers (R.C. 4738.07, 4738.12, 4738.18);

Construction industry contractors (R.C. 4740.06, 4740.10);

Veterinarians (R.C. 4741.22);

Hearing aid dealers and fitters (R.C. 4747.12);

Private investigators and security services (R.C. 4749.03, 4749.04, 4749.06);

Nursing home administrators (R.C. 4751.10);

Speech-language pathologists and audiologists (R.C. 4753.10);

Occupational therapists, occupational therapy assistants, physical therapists, physical therapy assistants, and athletic trainers (R.C. 4755.11, 4755.47, 4755.64);

Counselors, social workers, and marriage and family therapists (R.C. 4757.36);

Chemical dependency professionals (R.C. 4758.30);

Dieticians (R.C. 4759.07);

Anesthesiologist assistants (R.C. 4760.13, 4760.15);

Respiratory care professionals (R.C. 4761.09);

Acupuncturists (R.C. 4762.13, 4762.15);

Real estate appraisers (R.C. 4763.11);

Emergency medical services (R.C. 4765.18, 4765.301);

Athlete agents (R.C. 4771.18);

Orthotists, prosthetists, and pedorthists (R.C. 4779.28);

Manufactured home installers (R.C. 4781.09).

ACTION	DATE
Introduced	03-27-07

 

 

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