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An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
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(122nd General Assembly)(Amended Substitute House Bill Number 293)
AN ACT
To amend sections 9.06, 103.73, 341.34, 341.41, 753.21, 753.31, 2921.01,
2929.13, 2945.47, and 5120.033 and to
enact
section 9.07 of the Revised Code to expressly include within
the definition of
"detention" the confinement in any
public or private facility of alleged or
convicted offenders
or alleged or
adjudicated delinquent or unruly children who violate
or allegedly violate
a law of Ohio, another state, or the United States, to
expressly include
within the definition of "detention facility" any public
or private facility
used for detention of that nature, to provide comprehensive
criteria for the
establishment and operation in Ohio of privately
operated correction
facilities that house out-of-state prisoners, to clarify
the application of
the law that prohibits "county correctional officers"
and "municipal
correctional officers" from affording prisoners with access
to weight exercise
equipment or to martial arts or fight training, to require
the Department of
Rehabilitation and Correction to contract for the private
operation and
management of the initial intensive program prison it
establishes for
offenders sentenced to a mandatory prison term for
fourth degree felony OMVI
offenses, and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 9.06, 103.73, 341.34, 341.41, 753.21, 753.31,
2921.01, 2929.13, 2945.47, and 5120.033 be
amended and section 9.07 of the Revised Code be enacted to read as follows:
Sec. 9.06. (A)(1) The department of rehabilitation and
correction, and counties shall contract for the private operation
and management pursuant to this section of the initial intensive program
prison established pursuant to section 5120.033 Of the Revised Code and may contract for the
private operation and management of any other facility under this section.
Counties
and municipal corporations to the extent authorized
in sections 307.93, 341.35, 753.03, and 753.15 of the Revised
Code, may contract for the private operation and management of a facility
under this section. The contracts A contract entered into under
this section shall be for an initial term of no not more
than two years, with an option to renew for additional periods of two years.
Any contractor who
(2) not later than
December 31, 1998, the department of
REHABILITATION and CORRECTION, by rule, shall adopt minimum criteria and
SPECIFICATIONS that a person or entity, other than a person or entity that
satisfies the criteria set forth in division
(a)(3)(a) of this section
and subject to division (i) of this section,
must satisfy in order to apply to operate and manage as a contractor pursuant
to this SECTION THE initial intensive program prison established pursuant to
section 5120.033 of the Revised
Code. (3) subject to division (i) of this
section, any person or entity that
applies to operate and manage a facility shall be
AS A CONTRACTOR PURSUANT TO THIS SECTION SHALL SATISFY ONE OR MORE OF THE
FOLLOWING CRITERIA: (a) The person or entity is accredited by the American
correctional association and shall, at the time
of the application, operate OPERATES and manage MANAGES one or
more facilities
accredited by
the American correctional association. Before (b)
the person or entity satisfies all of the minimum criteria and
SPECIFICATIONS adopted by the department of rehabilitation and correction
pursuant to division (a)(2) of this section,
PROVIDED THAT THIS ALTERNATIVE SHALL BE AVAILABLE ONLY IN RELATION TO THE
INITIAL INTENSIVE PROGRAM PRISON ESTABLISHED PURSUANT TO SECTION 5120.033 OF
THE rEVISED
cODE.
(4) Subject to division (I) of this section, before
a public entity may enter into a contract under this section, the
contractor shall convincingly demonstrate to the public entity that it can
operate the facility with the inmate capacity required by the public
entity and provide the services required in this
section and realize at least a five per cent savings over the projected cost
to the public entity of providing these same services to operate the facility
that is the subject of the contract. No out-of-state prisoners may be housed
in any facility that is the subject of a contract entered into under to this
section. (B) Any Subject to division (I) of this section, any
contract entered into under this section shall include all of the
following: (1) A requirement that the contractor retain the
contractor's accreditation from the American correctional association
throughout the contract term; (2) A requirement that all of the following conditions be met: (a) The contractor begins the process of accrediting the facility
with the American correctional association no later than sixty days
after the facility receives its first inmate. (b) The contractor receives accreditation of the facility within
twelve months after the date the contractor applies to the American
correctional association for accreditation. (c) Once the accreditation is received, the contractor maintains
it for the duration of the contract term. (d) If the contractor does not comply with divisions
(B)(2)(a) to (c) of this section, the
contractor is in violation of the contract and the public entity may revoke
the contract at its discretion. (3) A requirement that the contractor comply with all rules promulgated by
the department of rehabilitation and correction that apply to the operation
and management of correctional facilities, including the minimum
standards for jails in Ohio and policies regarding the use of force
and the use of deadly force, although the public entity may
require more stringent standards, and comply with any applicable laws, rules,
or regulations of the federal, state, and local governments, including, but
not limited to, sanitation, food service, safety, and health regulations. The
contractor shall be required to send copies of reports of inspections
completed by the appropriate authorities regarding compliance with rules and
regulations to the director of
rehabilitation and correction or the director's designee and, if contracting
with a local public entity, to the governing authority of that entity. (4) A requirement that the contractor report for investigation
all crimes in connection with the facility to the public entity, to all local
law enforcement agencies having jurisdiction at the facility, and, for
a crime
committed at a state correctional institution, to the state highway patrol; (5) A requirement that, if the facility is a state correctional
institution, the contractor provide a written report within specified time
limits to the director of
rehabilitation and correction or the director's designee of all unusual
incidents at the facility as defined in rules promulgated by the department of
rehabilitation and correction or, if the facility is a local correctional
institution, that the contractor provide a written report to the governing
authority of the local public entity. (6) A requirement that
the contractor maintain proper control of inmates' personal funds pursuant to
rules promulgated by the department of rehabilitation and correction, for
state correctional institutions, or pursuant to the minimum standards for
jails along with any additional standards established by the local public
entity, for local correctional institutions, and that records pertaining to
these funds be made available to representatives of the public entity for
review or audit; (7) A requirement that the contractor prepare and distribute to the director
of rehabilitation and correction or, if contracting with a local public
entity, to the governing authority of the local entity, annual budget income
and expenditure statements and funding source financial reports; (8) A requirement that the public entity appoint and supervise a full-time
contract monitor, that the contractor provide suitable office space
for the contract monitor at the facility, and that the
contractor allow the contract monitor unrestricted access to all parts of the
facility and all records of the facility except the contractor's financial
records; (9) A requirement that if the facility is a state correctional
institution, designated department of rehabilitation and correction staff
members be allowed access to the facility in accordance with rules promulgated
by the department; (10) A requirement that the contractor provide internal and
perimeter security as agreed upon in
the contract; (11) If the facility is a state correctional institution,
a requirement that
the contractor impose discipline on inmates housed in a state
correctional institution, only in accordance with rules promulgated by the
department of rehabilitation and correction; (12) A requirement that the facility be staffed at all
times with a staffing
pattern approved by the public entity and adequate both to ensure
supervision of inmates and maintenance of
security within the facility, and to provide for programs, transportation,
security, and other operational needs. In determining security needs, the
contractor shall be required to consider, among other things, the proximity of
the facility to neighborhoods and schools. (13) If the contract is with a local public entity, a
requirement that the
contractor provide the following services and programs, consistent with the
minimum standards for jails promulgated by the department of rehabilitation
and correction under section 5120.10 of the Revised Code; (14) A clear statement that no immunity from liability granted to the state,
and no immunity from liability granted to political subdivisions under Chapter
2744. of the Revised Code, shall extend to the contractor or any of
the contractor's employees; (15) A statement that all documents and records
relevant to the facility shall be maintained in the same manner required
for, and subject to the same laws, rules, and regulations as apply to, the
records of the public entity; (16) Authorization for the public entity to impose a fine
on the contractor
from a schedule of fines included in the contract for the contractor's failure
to perform its contractual duties, or to cancel the contract, as the public
entity considers appropriate. If a fine is imposed, the public entity may
reduce the payment owed to the contractor pursuant to any invoice in the
amount of the imposed fine. (17) A statement that all services provided or goods
produced at the facility
shall be subject to the same regulations, and the same distribution
limitations, as apply to goods and services produced at other correctional
institutions; (18) Authorization for the department to establish one or more prison
industries at a facility operated and managed by a contractor for the
department; (19) A requirement that, if the facility is an intensive program prison
established pursuant to section 5120.033 Of the Revised Code, the facility shall comply with
all criteria for intensive program prisons of that type that are set forth in
that section. (C) No contract entered into under this section may require, authorize, or
imply a delegation of the authority or responsibility of the public entity to
a contractor for any of the following: (1) Developing or implementing procedures for calculating inmate release and
parole eligibility dates and recommending the granting or denying of parole,
although the contractor may submit written reports that have been prepared in
the ordinary course of business; (2) Developing or implementing procedures for calculating and awarding
good
time earned credits, approving the type of work inmates may perform
and the wage or good
time earned credits, if any, that may be given
awarded to inmates engaging in such work, and
granting, denying, or revoking good time earned credits; (3) For inmates serving a term imposed for a felony offense committed
prior to July 1, 1996, or for a misdemeanor offense, developing or
implementing procedures for calculating and awarding good time, approving the
good time, if any, that may be awarded to inmates engaging in work, and
granting, denying, or revoking good time; (4) For inmates serving a term imposed for a felony offense committed on
or after July 1, 1996, extending an inmate's term pursuant to the
provisions of law governing bad time; (5) Classifying an inmate or placing an inmate in
a more or a less
restrictive custody than the custody ordered by the public entity; (4)(6) Approving inmates for work release;
(5)(7) Contracting for local or long distance telephone
services for inmates
or receiving commissions from such services at a facility that is owned by or
operated under a contract with the department.
(D) A contractor that has been approved to operate a facility under this
section, and a person or entity that enters into a contract for
specialized services, as described in division (I) of this section,
relative to an intensive program prison established pursuant to section
5120.033 Of the Revised Code to be operated by a contractor that has been approved to operate
the prison under this section, shall provide an adequate policy of
insurance specifically including, but not limited to,
insurance for civil rights claims as determined by a risk management or
actuarial firm with demonstrated experience in public liability for state
governments. The insurance policy shall provide that the state, including all
state agencies, and all political subdivisions of the state with jurisdiction
over the facility or in which a facility is located are named as insured, and
that the state and its political subdivisions shall be sent any notice of
cancellation. The contractor may not self-insure. The contractor A contractor that has been approved to operate a
facility under this section, and a person or entity that enters into a
contract for specialized services, as described in division (I) of
this section, relative to an intensive program prison established pursuant to
section 5120.033 Of the Revised Code to be operated by a contractor that has been approved to
operate the prison under this section, shall indemnify,
defend, and
hold harmless the state,
its
officers, agents, and employees, and any local government entity in the state
having jurisdiction over the facility or ownership of the facility,
shall reimburse the state for its
costs in defending the state or any of its officers, agents, or employees, and
shall reimburse any local government entity of that nature for its costs in
defending the local government entity, from all of the following:
(1) Any claims or losses for services rendered by the contractor
or, person, or entity
performing or supplying services in connection with the performance of the
contract; (2) Any failure of the contractor, person, or entity or its
officers or employees to adhere to
the laws, rules, regulations, or terms agreed to in the contract; (3) Any constitutional, federal, state, or civil rights claim brought against
the state related to the facility operated and managed by the contractor; (4) Any claims, losses, demands, or causes of action arising out of the
contractor's, person's, or entity's activities in this state; (5) Any attorney's fees or court costs arising from any habeas corpus actions
or other inmate suits that may arise from any event that occurred at the
facility or was a result of such an event, or arise over the conditions,
management, or operation of the facility, which fees and costs shall include,
but not be limited to, attorney's fees for the state's representation and for
any court-appointed representation of any inmate, and the costs of any special
judge who may be appointed to hear such actions. (E) Private correctional officers of a private contractor operating
and managing a facility pursuant to a contract entered into under this
section may carry and use
firearms in the course of their employment only after being certified as
satisfactorily completing an approved training program as described in
division (A) of section 109.78 of the Revised Code. (F) Upon notification by the contractor of an escape from, or of a
disturbance at, the facility that is the subject of a contract entered into
under this section, the department of rehabilitation and correction and state
and local law enforcement agencies shall use all reasonable means to recapture
escapees or quell any disturbance. Any cost incurred by the state or its
political subdivisions relating to the apprehension of an escapee or the
quelling of a disturbance at the facility shall be chargeable to and borne by
the contractor. The contractor shall also reimburse the state or its
political subdivisions for all reasonable costs incurred relating to the
temporary detention of the escapee following recapture. (G) Any offense that would be a crime if committed at a state correctional
institution or jail, workhouse, prison, or
other correctional facility shall be a crime if committed by or with regard to
inmates at facilities operated pursuant to a contract entered into under this
section. (H) The A contractor operating and managing a facility
pursuant to a contract entered into under this section shall pay any
inmate workers at the facility at the
rate approved by the public entity. Inmates working at the facility shall not
be considered employees of the contractor. (I) In contracting for the private operation and management pursuant to
division (A) of this section of the initial intensive program prison
established pursuant to section 5120.033 Of the Revised Code or of any other intensive
program prison established pursuant to that section, the department of
rehabilitation and correction may enter into a contract with a contractor for
the general operation and management of the prison and may enter into one or
more separate contracts with other persons or entities for the provision of
specialized services for persons confined in the prison, including, but not
limited to, security or training services or medical, counseling, educational,
or similar treatment programs. If, pursuant to this
division, the department enters into a contract with a contractor for the
general operation and management of the prison and also enters into one or
more specialized service contracts with other persons or entities, all of the
following apply: (1) The contract for the general operation and management shall comply
with all requirements and criteria set forth in this section, and all
provisions of this section apply in relation to the prison operated and
managed pursuant to the contract. (2) Divisions (A)(2), (B), and (C) of this
section do not apply in relation to any specialized services contract, except
to the extent that the provisions of those divisions clearly are relevant to
the specialized services to be provided under the specialized services
contract. Division (D) of this section applies in relation to each
specialized services contract. (J) As used in
this section: (1) "Public entity" means the department of rehabilitation and correction, or
a county or municipal corporation or a combination of counties and municipal
corporations, that has jurisdiction over a facility that is the subject of a
contract entered into under this section. (2) "Local public entity" means a county or municipal corporation, or a
combination of counties and municipal corporations, that has jurisdiction over
a jail, workhouse, or other correctional facility used only for misdemeanants
that is the subject of a contract entered into under this section. (3) "Governing authority of a local public entity" means, for a county, the
board of county commissioners; for a municipal corporation, the legislative
authority; for a combination of counties and municipal corporation, all the
boards of county commissioners and municipal legislative authorities that
joined to create the facility. (4) "Contractor" means a person who enters into a contract under this section
to operate and manage a jail, workhouse, or other correctional facility. (5) "Facility" means the specific county, multicounty, municipal,
municipal-county, or multicounty-municipal jail, workhouse, prison, or other
type of correctional institution or facility used only for misdemeanants, or a
state correctional institution, that is the subject of a contract entered into
under this section. Sec. 9.07. (A) As used in this section: (1) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code. (2) "governing authority of a local public entity" means
whichever of the following is APPLICABLE: (a) for a county, the board of county
COMMISSIONERS of the county; (b) for a municipal CORPORATION, the
legislative authority of the municipal corporation; (c) for a COMBINATION of counties, a
combination of municipal CORPORATIONS, or a COMBINATION of one
or more counties and one or more municipal CORPORATIONS, all
boards of county commissioners and legislative authorities of
all of the counties and municipal CORPORATIONS that combined to
form a local public entity for purposes of this section. (3) "local public entity" means a county, a municipal
CORPORATION, a combination of counties, a COMBINATION of
municipal CORPORATIONS, or a combination of one or more counties
and one or more MUNICIPAL CORPORATIONS. (4) "non-contracting political SUBDIVISION"
means any political subdivision to which all of the following apply: (a) a CORRECTIONAL facility for the housing of out-of-state
prisoners in this state is or will be located in the political
SUBDIVISION. (b) the correctional facility described in division
(a)(4)(a) of this section
is being operated and managed, or will be operated and managed, by a local
public entity or a private contractor pursuant to a contract entered into
prior
to the effective date of this section or a contract entered into on or after
the effective date of this section under this section. (c) the political SUBDIVISION is not a party to the contract
described in division
(a)(4)(b) of this section
for the management and OPERATION of the CORRECTIONAL facility. (5) "out-of-state jurisdiction" means the United States,
any state other
than this state, and any political subdivision or other
JURISDICTION located in a state other than this state. (6) "out-of-state prisoner" means a person who is convicted of a crime
in another state or under the laws of the
united states
or who is found under the laws of another state or of the
united states
to be a delinquent child or the substantially equivalent DEsignation. (7) "Private contractor" means either of the following: (a) A person who, on or after the effective date of this section,
enters into a
contract under this section with a local public entity to
operate and manage a CORRECTIONAL facility in this state for
out-of-state prisoners. (b) A person who, pursuant to a contract with a local public
entity
entered into prior to the effective date of this section, operates and manages
on the effective date of this section a CORRECTIONAL facility in this state
for housing out-of-state prisoners. (B) Subject to division (I) of this section, the only
entities other than this state that are authorized to operate a
CORRECTIONAL facility to house out-of-state prisoners in this
state are a local public entity that operates a CORRECTIONAL
facility pursuant to this SECTION or a private contractor that
operates a CORRECTIONAL facility pursuant to this section
under a contract with a local public entity. Subject to division (I)
of this section, a private entity may operate a CORRECTIONAL
facility in this state for the housing of out-of-state prisoners
only if the private entity is a private contractor that enters into a contract
that comports with division (D) of this section with a
local public entity for the management and OPERATION of the
correctional facility. (C)(1) Except as provided
in this division, on and after the effective date of this
section, a local public entity shall not enter into a contract
with an out-of-state jurisdiction to house out-of-state
prisoners in a correctional facility in this state. On and after the
effective date of this section, a local public entity may enter into a
contract with an out-of-state jurisdiction to house out-of-state prisoners in
a correctional facility in this state only if
the local public entity and the out-of-state
JURISDICTION with which the local public entity intends to
contract jointly submit to the department of REHABILITATION and
correction a statement that certifies the CORRECTIONAL
facility's intended use, intended prisoner POPULATION, and
custody level, and the department reviews and comments upon the plans
for the design or renovation of the CORRECTIONAL facility regarding their
suitability
for the intended prisoner population specified in
the submitted statement. (2) if a local public entity and an out-of-state
JURISDICTION enter into a contract to house out-of-state
prisoners in a CORRECTIONAL facility in this state as authorized under
division (C)(1) of this section, in addition
to any other provisions it contains, the contract shall include
whichever of the following provisions is applicable: (a) if a private contractor will operate the
facility in QUESTION pursuant to a contract entered into in
accordance with division (d) of
this section, a requirement that, if the facility is closed or
ceases to operate for any reason and if the conversion plan
described in division (d)(16)
OF THIS SECTION is not complied with, the out-of-state
JURISDICTION will be responsible for housing and transporting
the prisoners who are in the facility at the time it is closed or ceases to
operate and for the cost of so housing and transporting those
prisoners; (b) if a private contractor will not
operate the facility in QUESTION pursuant to a contract entered
into in accordance with division
(d) of this section, a
CONVERSION plan that will be followed if, for any reason, the
facility is closed or ceases to operate. the CONVERSION plan
shall include, but is not limited to, PROVISIONS that specify
whether the local public entity or the out-of-state jurisdiction
will be responsible for housing and transporting the prisoners
who are in the facility at the time it is closed or ceases to operate and for
the cost of so housing and transporting those prisoners. (3) If a local public entity and an out-of-state jurisdiction intend to
enter into a contract to house out-of-state prisoners in a correctional
facility in this state as authorized under division (C)(1) of this
section, or if a local public entity and a private contractor intend to enter
into a contract pursuant to division (D) of
this section for the private contractor's management and OPERATION of a
CORRECTIONAL facility in this state to house out-of-STATE prisoners, prior to
entering into the contract the local public entity and the out-of-state
jurisdiction, or the local public entity and the private contractor, whichever
is applicable,
shall conduct a public hearing in accordance with this division, and, prior to
entering into the contract, the governing authority of the local public entity
in which the facility is or will be located shall authorize the location and
operation of the facility. The hearing shall be conducted at a location
within the municipal
corporation
or township in which the facility is or will be located. at least one week
prior to conducting the hearing, the local public entity and the out-of-state
jurisdiction or private contractor
with
the duty to conduct the hearing shall cause notice of the date, time, and
place
of the hearing to be made by publication in the newspaper with the largest
general CIRCULATION in the county in which the municipal CORPORATION or
township is located. the notice shall be of a sufficient size that it covers
at least one-quarter of a page of the newspaper in which it is
published. This division applies to a private contractor that, pursuant to
the requirement set forth in division (I) of this section, is
required to enter into a contract under division (D) of this section. (D) Subject to division (I) of this section, on and
after the effective date of this section, if a local public entity enters into
a contract with a private contractor for the management and OPERATION of a
CORRECTIONAL facility in this state to house out-of-state prisoners, the
contract, at a minimum, shall include all of the following provisions: (1) A requirement that the private contractor seek and
obtain ACCREDITATION from the American CORRECTIONAL ASSOCIATION for
the CORRECTIONAL facility within two years after accepting the first
out-of-state prisoner at the CORRECTIONAL facility under the contract and that
it maintain that ACCREDITATION for the term of the contract; (2) A requirement that the private contractor COMPLY with
all applicable laws, rules, or REGULATIONS of the government of
this state, political subdivisions of this state, and the
united
states, including, but not
limited to, all SANITATION, food service, safety, and health
REGULATIONS; (3) a requirement that the private contractor send copies
of reports of inspections completed by appropriate authorities
regarding compliance with laws, rules, and REGULATIONS of the
type described in division
(d)(2) of this section to the
director of REHABILITATION and correction or the director's
designee and to the governing authority of the local public
entity in which the CORRECTIONAL facility is located; (4) a REQUIREMENT that the private contractor report to
the local law enforcement agencies with JURISDICTION over the
place at which the CORRECTIONAL facility is located, for
INVESTIGATION, all criminal offenses or delinquent acts that are
committed in or on the grounds of, or otherwise in connection
with, the CORRECTIONAL facility and report to the department of
REHABILITATION and correction all escapes from or disturbances
at the facility; (5) a requirement that the private contractor provide a
written report to the director of rehabilitation and correction
or the director's designee and to the governing authority of the
local public entity in which the correctional facility is
located of all unusual incidents occurring at the CORRECTIONAL
facility. the private contractor shall report the incidents in accordance
with
the incident reporting rules that, at the time of the incident,
are applicable to state correctional facilities for similar
incidents occurring at state CORRECTIONAL facilities. (6) a requirement that the private contractor provide
internal and PERIMETER security to protect the public, staff
members of the correctional facility, and prisoners in the
correctional facility; (7) a requirement that the CORRECTIONAL facility be
staffed at all times with a staffing pattern that is adequate to
ensure supervision of inmates and maintenance of security within
the CORRECTIONAL facility and to provide for appropriate
programs, transportation, security, and other OPERATIONAL needs.
in determining security needs for the correctional facility,
the private contractor and the contract REQUIREMENTS shall fully
take into account all relevant factors, including, but not
limited to, the proximity of the facility to neighborhoods and
schools. (8) a REQUIREMENT that the private contractor provide an
adequate policy of insurance that satisfies the requirements set
forth in division (d) of
section 9.06 of the Revised Code regarding contractors who
operate and manage a facility under that section, and that the
private contractor indemnify and hold harmless the
state, its officers, agents, and EMPLOYEES, and any local public
entity in the state with JURISDICTION over the place at which
the correctional facility is located or that owns the correctional facility,
reimburse the state for its costs
in defending the state or any of its officers, agents, or employees, and
reimburse any local government entity of that nature for its costs in
defending
the local government entity, in the manner described in division
(d) of
that section regarding contractors who operate and manage a
facility under that section; (9) a requirement that the private contractor develop a
security CLASSIFICATION schedule for prisoners housed in the
CORRECTIONAL facility, classify in accordance with the schedule
each prisoner housed in the facility, and house all prisoners in
the facility in accordance with their CLASSIFICATION under this
division; (10) a requirement that the private contractor will not
accept for housing, and will not house, in the CORRECTIONAL
facility any out-of-state prisoner
in relation to whom either of the following applies: (a) the private entity has not obtained from the
out-of-state JURISDICTION that imposed the sentence or SANCTION
under which the prisoner will be confined in this state a copy
of the INSTITUTIONAL record of the prisoner while previously
confined in that out-of-state JURISDICTION or a statement that
the prisoner PREVIOUSLY has not been confined in that
out-of-state JURISDICTION and a copy of all medical records
pertaining to that prisoner that are in the POSSESSION of the
out-of-state JURISDICTION. (b) the prisoner, while confined in any
out-of-state JURISDICTION, has a record of INSTITUTIONAL
violence involving the use of a deadly WEAPON AND a pattern of
committing acts of an assaultive nature against employees of, or
visitors to, the place of confinement or has a record of escape or
attempted escape from secure custody. (11) a requirement that the private contractor, prior to
housing any out-of-state prisoner in the CORRECTIONAL facility under the
contract, enter into a written agreement with the department of REHABILITATION
and
correction that sets forth a plan and procedure that will be used to
coordinate law enforcement activities of state law enforcement agencies and of
local law enforcement agencies with jurisdiction over the place at which the
facility is located in response to any riot,
rebellion, escape, insurrection, or other emergency occurring
inside or outside the facility; (12) a requirement that the private contractor cooperate
with the CORRECTIONAL INSTITUTION inspection committee in the
committee's performance of its duties under section 103.73 of
the Revised Code and provide the committee,
its subcommittees, and its staff members, in performing those
duties, with access to the correctional facility as described in that
section; (13) a requirement that the private contractor permit any
peace officer who serves a law enforcement agency with
JURISDICTION over the place at which the CORRECTIONAL facility
is located to enter into the facility to investigate any
criminal offense or delinquent act that allegedly has been
committed in or on the grounds of, or otherwise in CONNECTION
with, the facility; (14) A requirement that the private contractor will not
employ any person at the CORRECTIONAL facility until after the
private contractor has submitted to the bureau of criminal
identification and INVESTIGATION, on a form prescribed by the superintendent
of the bureau, a request that the bureau conduct a criminal records
check of the person and a requirement that the private contractor will not
employ any person at the facility if
the records check or other INFORMATION possessed by the
contractor indicates that the person PREVIOUSLY has engaged in
malfeasance; (15) A requirement that the private contractor will not
accept for housing, and will not house, in the CORRECTIONAL
facility any out-of-state prisoner unless the private contractor
and the out-of-state JURISDICTION that imposed the sentence for
which the prisoner is to be confined agree that, if the
out-of-state prisoner is confined in the facility in this state,
commits a criminal offense while confined in the facility, is
convicted of or pleads guilty to that offense, and is sentenced
to a term of confinement for that offense but is not sentenced to death for
that offense, the private contractor and the out-of-state jurisdiction will do
all of the following: (a) Unless section 5120.50 of the Revised Code
does not apply in RELATION to the offense the prisoner committed while
confined
in this state and the term of confinement imposed for that offense,
the out-of-state
JURISDICTION will accept the prisoner pursuant to that section
for service of that term
of confinement and for any period of time remaining under the
sentence for which the prisoner was confined in the facility in
this state, the out-of-state JURISDICTION will confine the
prisoner pursuant to that section for that term and that
remaining period of time, and the private contractor will
transport the prisoner to the out-of-state JURISDICTION for
service of that term and that remaining period of time. (b) If section 5120.50 Of the Revised Code does not apply in relation to the
offense the prisoner committed while confined in this state and the term of
confinement imposed for that offense, the prisoner shall be returned to the
out-of-state jurisdiction or its
private contractor for completion of the period of time remaining under the
out-of-state sentence
for which the prisoner was confined in the facility in this state before
starting service of
the term of confinement imposed for the offense committed while confined in
this state, the out-of-state jurisdiction or its private contractor will
confine the prisoner for that REMAINING period of time and will transport the
prisoner outside of this state for service of that remaining period of time,
and, if the
prisoner is confined in this state in a facility operated by the department of
rehabilitation and correction, the private contractor will be financially
responsible for reimbursing the department at the per diem cost of
confinement for the duration of that incarceration, with the amount of the
reimbursement so paid to be deposited in the department's prisoner programs
fund. (16) A requirement that the
private contractor, prior to housing any out-of-state prisoner
in the CORRECTIONAL facility under the contract, enter into an agreement with
the local public entity that sets forth a CONVERSION plan that will
be followed if, for any reason, the facility is closed or ceases
to operate. the CONVERSION plan shall include, but is not
limited to, PROVISIONS that specify whether the private
contractor, the local public entity, or the out-of-state
jurisdictions that imposed the sentences for which the
out-of-state prisoners are confined in the facility will be
responsible for housing and transporting the prisoners who are in the
facility at the time it is closed or ceases to operate and for the
cost of so housing and transporting those prisoners. (17) A schedule of fines that the local public entity shall
impose upon the private contractor if the private contractor
fails to perform its contractual duties, and a requirement that, if the
private contractor fails to perform its contractual duties,
the local public entity shall impose
a fine on the private contractor from the schedule of fines and, in addition
to the fine, may
exercise any other rights it has under the contract. Division (F)(2)
of this section applies regarding a fine described in this division. (18) A REQUIREMENT that the private contractor adopt and use in the
CORRECTIONAL facility the drug testing and treatment program that the
department of REHABILITATION and CORRECTION uses for inmates in state
correctional INSTITUTIONS. (E) a private
CORRECTIONAL officer or other designated employee of a private contractor that
operates a CORRECTIONAL facility that houses out-of-state
prisoners in this state under a contract entered into prior to, on, or after
the effective date of this section may carry and use firearms in the course of
the officer's or employee's employment only if the officer or employee is
certified as having SATISFACTORILY completed an approved training program
designed
to qualify persons for positions as SPECIAL police officers, security
guards, or persons otherwise privately employed in a police
capacity, as described in division
(A) of section 109.78 of the
REVISED
Code. (F)(1) Upon NOTIFICATION by
the private contractor of an escape from, or of a disturbance
at, a CORRECTIONAL facility that is operated by a private
contractor under a contract entered into prior to, on, or after the effective
date of this section and that houses out-of-state prisoners in this state, the
department of REHABILITATION
and CORRECTION and state and local law ENFORCEMENT agencies
shall use all reasonable means to recapture persons who escaped
from the facility or quell any disturbance at the facility, in accordance with
the plan and procedure included in the written agreement entered into under
division (D)(11) of this section
in RELATION to contracts entered into on or after the effective date of this
section, and in accordance with their normal procedures in RELATION to
contracts entered into prior to the effective date of this section. Any
cost incurred by this state or a political subdivision of this
state relating to the APPREHENSION of a person who escaped from
the facility, to the quelling of a disturbance at the facility, or to the
investigation or prosecution as described in division (G)(2) of this
section of any offense relating to the escape or disturbance
shall be chargeable to and borne by the private CONTRACTOR. the
contractor also shall reimburse the state or ITS political
subdivisions for all reasonable costs incurred relating to the
temporary DETENTION of a person who escaped from the facility,
following the person's recapture. (2) If a private contractor that, on or after the effective date of this
section, enters into a contract under this section with a local public entity
for the operation of a CORRECTIONAL facility that houses out-of-state
prisoners
fails to perform its contractual duties, the local public entity
shall impose upon the private contractor a fine from the
schedule of fines included in the contract and may exercise any other rights
it has under the contract. A fine imposed under
this division shall be paid to the local public entity that
enters into the contract, and the local public entity shall
deposit the money so paid into its treasury to the credit of the
fund used to pay for community policing. If a fine is imposed under this
division, the local public
entity may reduce the payment owed to the private contractor
pursuant to any invoice in the amount of the fine. (3) if a private contractor, on or after the effective date of this
section, enters into a contract under this section with a local public entity
for the OPERATION of a correctional facility that houses out-of-state
prisoners
in this state, the private contractor shall comply with the insurance,
INDEMNIFICATION, hold harmless, and cost reimbursement provisions described in
division (d)(8) of this section. (G)(1) any act or omission
that would be a criminal offense or a delinquent act if committed
at a state correctional institution or at a jail, workhouse,
prison, or other CORRECTIONAL facility operated by this state or
by any political subdivision or group of political subdivisions
of this state shall be a criminal offense or delinquent act if
committed by or with regard to any out-of-state prisoner who is
housed at any CORRECTIONAL facility operated by a private
contractor in this state pursuant to a contract entered into prior to, on, or
after the effective date of this section. (2) If any political subdivision of this state
experiences any cost in the INVESTIGATION or PROSECUTION of an
offense committed by an out-of-state prisoner housed in
a correctional facility operated by a private
contractor in this state pursuant to a contract entered into prior to, on, or
after the effective date of this section, the private contractor shall
reimburse the political
subdivision for the costs so experienced. (3)(a) except as otherwise provided in this division, the state,
and any officer or employee, as defined in section 109.36 of the
revised code,
of the state is not liable in damages in a civil action for any injury, death,
or loss to person or property that allegedly arises from, or is related to,
the
establishment, management, or OPERATION of a CORRECTIONAL facility to house
out-of-state prisoners in this state pursuant to a contract between a local
public entity and an out-of-state jurisdiction, a local public entity and a
private contractor, or a private CONTRACTOR and an out-of-state JURISDICTION
that was entered into prior to the effective date of this section or that is
entered into on or after the effective date of this section in accordance with
its PROVISIONS. the immunity provided in this division does not apply
regarding an act or omission of an officer or employee, as defined in section
109.36 of the revised
code, of the state that is manifestly outside
the scope of the officer's or employee's official RESPONSIBILITIES or regarding
an act or omission of the state, or of an officer or employee, as so defined,
of the state that is undertaken with malicious purpose, in bad FAITH, or in a
wanton or reckless manner. (b) except as otherwise provided in this division, a
non-contracting political subdivision, and any employee, as defined in section
2744.01 of the revised
code, of a non-contracting political
subdivision is not liable in damages in a civil action for any injury, death,
or loss to person or property that allegedly arises from, or is related to, the
establishment, management, or OPERATION of a CORRECTIONAL facility to house
out-of-state prisoners in this state pursuant to a contract between a local
public entity other than the non-contracting political subdivision and an
out-of-state jurisdiction, a local public entity other than the non-contracting
political subdivision and a private contractor, or a private CONTRACTOR and an
out-of-state JURISDICTION that was entered into prior to the effective date of
this section or that is entered into on or after the effective date of this
section in accordance with its PROVISIONS. the immunity provided in this
division does not apply regarding an act or omission of an employee, AS DEFINED
IN SECTION 2744.01 OF THE REVISED
CODE, of a non-contracting political
subdivision that is manifestly outside the scope of the employee's employment
or official RESPONSIBILITIES or regarding an act or omission of a
non-contracting political subdivision or an employee, as so defined, of a
non-contracting political subdivision that is undertaken with malicious
purpose, in bad FAITH, or in a wanton or reckless manner. (c) divisions
(G)(3)(a) and
(b) of this section do not affect any immunity or defense
that the state and its officers and employees or a non-contracting political
subdivision and its employees may be ENTITLED to under another section of the
revised code
or the common law of this state, including, but not limited to, section 9.86
or
Chapter 2744. of the
revised
code. (H)(1) Upon the COMPLETION of an out-of-state prisoner's term of
DETENTION at a correctional facility operated by a private contractor in this
state pursuant to a contract entered into prior to, on, or after the effective
date of this section, the operator of the correctional facility shall
transport the prisoner to the out-of-state jurisdiction that imposed the
sentence for which the prisoner was confined before it releases the
prisoner from its custody. (2) No private contractor that operates and
manages a correctional facility housing out-of-state prisoners in this
state pursuant to a contract
entered into prior to, on, or after the effective date of this section
shall fail to comply
with division (H)(1) of this section. (3) whoever violates division
(H)(2) of this section is guilty of a misdemeanor
of the first degree. (I) Except as otherwise provided in
this division, the provisions of divisions (A)
to (H) of this section apply in RELATION to
any CORRECTIONAL facility operated by a private contractor in this state to
house out-of-state prisoners, regardless of whether the facility is operated
pursuant to a contract entered into prior to, on, or after the effective date
of this section. Division (C)(1) of this
section shall not apply in RELATION to any correctional facility for housing
out-of-state prisoners in this state that is operated by a private contractor
under a contract entered into with a local public entity prior to the
effective
date of this section. if a private contractor operates a CORRECTIONAL
facility
in this state for the housing of out-of-state prisoners under a contract
entered into with a local public entity prior to the effective date of this
section, no later than one hundred eighty days after the EFFECTIVE date of
this section, the private contractor shall enter into a contract with the
local public entity that comports to the requirements and criteria of division
(D) of this section. Sec. 103.73. (A) The correctional institution inspection
committee shall do all of the following: (1) Subject to division (C) of this section, establish and
maintain a continuing program of inspection of each state
correctional institution used for the custody, control, training,
and rehabilitation of persons convicted of crime and of each private
correctional facility. Subject to division (C) of this section, the
committee may inspect any local
correctional institution used for the same purposes. Subject to
division (C) of this section, the committee, and each member of
the committee, for the purpose of making an inspection pursuant to
this section, shall have access to any state or local correctional
institution, to any private correctional facility, or to
any
part of the institution or facility and shall not be
required to give advance notice of, or to make prior arrangements
before conducting, an inspection. (2) Evaluate and assist in the development of programs to
improve the condition or operation of correctional institutions; (3) Prepare a report for submission to the succeeding
general assembly of the findings the committee makes in its
inspections and of
any programs that have been proposed or developed to improve the
condition or operation of the correctional institutions in the
state. The report shall contain a separate evaluation of the
inmate grievance procedure at each state correctional
institution. The committee shall submit the report to the
succeeding general assembly within fifteen days after
commencement of that general assembly's first regular session. (B) Subject to division (C) of this section, the committee
shall make an inspection of each state correctional institution
each biennium and of each private correctional facility each biennium.
The inspection shall include attendance at one general meal
period and one rehabilitative or educational program. (C) An inspection of a state correctional institution, a private
correctional facility, or a local correctional institution
under division (A) or (B) of this
section or under section 103.74 of the Revised Code is subject to
and shall be conducted in accordance with all of the following: (1) The inspection shall not be conducted unless the
chairperson of the committee grants prior approval
for the inspection. The grant of prior approval shall specify whether the
inspection is to be
conducted by a subcommittee appointed under section 103.74 of the
Revised Code
or is to be conducted other than by a subcommittee appointed under that
section. (2) The inspection shall not be conducted unless
one of the following applies: (a) If the inspection is to be conducted by a
subcommittee appointed under section 103.74 of the Revised Code, at least
two members appointed to the committee are present for the
inspection; (b) If division (C)(2)(a) of this section
does not apply, at least one member appointed to the committee and at least
one staff member of the committee are present for the inspection. (3) Unless the chairperson of the committee
determines that the inspection must be conducted outside of
normal business hours for any reason, including emergency circumstances
or a justifiable cause that perpetuates the mission of the
committee, and the chairperson specifies in the grant of prior approval for
the inspection that the chairperson has so determined,
the inspection shall be conducted only during normal business hours. If the
chairperson determines that the inspection must be conducted outside of normal
business hours and the chairperson specifies in the grant of prior approval
for the inspection that the chairperson has so
determined, the inspection may be conducted outside of normal
business hours. (4) If the inspection is to be conducted by a subcommittee appointed under
section 103.74 of the Revised Code, no staff member of the committee may be
present on the
inspection unless the chairperson of the committee, in the grant of prior
approval for the inspection,
specifically authorizes staff members to be present on the
inspection. If the inspection is to be conducted other than by a subcommittee
appointed
under that section,
staff members may be present on the inspection regardless of whether the grant
of prior approval contains a specific authorization for staff members to be
present on the inspection. (D) As used in this section: (1) "Local public entity," "out-of-state prisoner," and "private
contractor" have the same meanings as in section 9.07 Of the Revised Code. (2) "Private correctional facility"
means a correctional facility in this state that houses out-of-state prisoners
and that is operated by a private contractor under a contract with a local
public entity pursuant to section 9.07 Of the Revised Code. Sec. 341.34. (A) As used in this section, "building or
structure" includes, but is not limited to, a modular unit,
building, or structure and a movable unit, building, or
structure. (B)(1) The board of county commissioners of any county, by
resolution, may dedicate and permit the use, as a minimum
security jail, of any vacant or abandoned public
building or structure owned by the county that has not been
dedicated to or is not then in use for any county or other public
purpose, or any building or structure rented or leased by the
county. The board of county commissioners of any county, by
resolution, also may dedicate and permit the use, as a minimum
security jail, of any building or structure
purchased by or constructed by or for the county. Subject to
divisions (B)(3) and (C) of this section, upon the effective date
of such a resolution, the specified building or structure shall
be used, in accordance with this section, for the confinement of
persons who meet one of the following conditions: (a) The person is sentenced to a term of imprisonment for a
traffic violation or a misdemeanor or is sentenced to a
residential
sanction in the jail for a
felony of the fourth or fifth degree
pursuant to sections 2929.11 to 2929.19 of the
Revised Code,
and the jail administrator or the jail administrator's designee has classified
the person as a minimal security risk. In determining the person's
classification under this division, the administrator or designee shall
consider all relevant factors, including, but not limited to, the person's
escape risk and propensity for assaultive or violent behavior, based upon the
person's prior and current behavior. (b) The person is an inmate transferred by order of a judge of
the sentencing court upon the request of the sheriff, administrator, jailer,
or other person responsible for operating the jail other than a contractor as
defined in division (H) of section 9.06 of the Revised Code, who is
named in
the request as being suitable for
confinement in a minimum security facility. (2) The board of county commissioners of any county, by
resolution, may affiliate with one or more adjacent counties, or
with one or more municipal corporations located within the county
or within an adjacent county, and dedicate and permit the use, as
a minimum security jail, of any vacant or abandoned
public building or structure owned by any of the affiliating
counties or municipal corporations that has not been dedicated to
or is not then in use for any public purpose, or any building or
structure rented or leased by any of the affiliating counties or
municipal corporations. The board of county commissioners of any
county, by resolution, also may affiliate with one or more
adjacent counties or with one or more municipal corporations
located within the county or within an adjacent county and
dedicate and permit the use, as a minimum security
jail, of any building or structure purchased by or constructed by
or for any of the affiliating counties or municipal corporations. Any
counties and municipal corporations that affiliate for
purposes of this division shall enter into an agreement that
establishes the responsibilities for the operation and for the
cost of operation of the minimum security jail. Subject to divisions (B)(3)
and (C) of this section, upon the
effective date of a resolution adopted under this division, the
specified building or structure shall be used, in accordance with
this section, for the confinement of persons who meet one of
the following conditions: (a) The person is sentenced to
a term of imprisonment for a traffic violation, a misdemeanor,
or a violation of an ordinance or of any municipal corporation,
or
is sentenced to a residential sanction in the jail for a
felony of the fourth or fifth degree
pursuant to sections 2929.11 to 2929.19 of the
Revised Code,
and the jail administrator or the jail administrator's designee has classified
the person as a minimal security risk. In determining the person's
classification under this division, the administrator or designee shall
consider all relevant factors, including, but not limited to, the person's
escape risk and propensity for assaultive or violent behavior, based upon the
person's prior and current behavior. (b) The person is an inmate transferred by order of a judge of
the sentencing court upon the request of the sheriff, administrator, jailer,
or other person responsible for operating the jail other than a contractor as
defined in division (H) of section 9.06 of the Revised Code, who is
named in
the request as being suitable for confinement
in a minimum security facility. (3) No person shall be confined in a building or structure
dedicated as a minimum security jail under division
(B)(1) or (2) of this section unless the judge who sentenced the
person to the term of imprisonment for the traffic violation or the
misdemeanor specifies that the term of imprisonment is to be served in that
jail, and division (B)(1) or (2) of this section permits the
confinement of the person in that jail or unless the judge who
sentenced the person to the
residential sanction for the
felony specifies that the residential sanction is to be served in
a jail, and division (B)(1) or (2) of this section
permits the confinement of the person in that jail. If a
rented or
leased building or structure is so dedicated, the building or structure
may be used as a minimum security jail only during
the period that it is rented or leased by the county or by an
affiliated county or municipal corporation. If a person convicted of a
misdemeanor is
confined to a building or structure dedicated as a minimum
security jail under division (B)(1) or (2) of this
section and the sheriff, administrator, jailer, or other person
responsible for operating the jail other than a contractor as defined in
division (H) of section 9.06 of the Revised Code determines that it
would be
more appropriate for the person so confined to be confined in another
jail or workhouse facility, the sheriff, administrator, jailer,
or other person may transfer the person so confined to a more
appropriate jail or workhouse facility. (C) All of the following apply to a building or structure
that is dedicated pursuant to division (B)(1) or (2) of this
section for use as a minimum security jail: (1) To the extent that the use of the building or
structure as a minimum security jail requires a
variance from any county, municipal corporation, or township
zoning regulations or ordinances, the variance shall be granted. (2) Except as provided in this section, the building or
structure shall not be used to confine any person unless it is in
substantial compliance with any applicable housing, fire
prevention, sanitation, health, and safety codes, regulations, or
standards. (3) Unless such satisfaction or compliance is required
under the standards described in division (C)(4) of this section,
and notwithstanding any other provision of state or local law to
the contrary, the building or structure need not satisfy or
comply with any state or local building standard or code in order
to be used to confine a person for the purposes specified in
division (B) of this section. (4) The building or structure shall not be used to confine
any person unless it is in compliance with all minimum standards
and minimum renovation, modification, and construction criteria
for minimum security jails that have been proposed
by the department of rehabilitation and correction, through its
bureau of adult detention, under section 5120.10 of the
Revised Code. (5) The building or structure need not be renovated or
modified into a secure detention facility in order to be used solely to
confine a person for the purposes specified in divisions (B)(1)(a) and
(B)(2)(a) of this section. (6) The building or structure shall be used, equipped,
furnished, and staffed in the manner necessary to provide
adequate and suitable living, sleeping, food service or
preparation, drinking, bathing and toilet, sanitation, and other
necessary facilities, furnishings, and equipment. (D) Except as provided in this section, a minimum security
jail dedicated and used under this section shall be
considered to be part of the jail, workhouse, or other
correctional facilities of the county or the affiliated counties
and municipal corporations for all purposes under the law. All
persons confined in such a minimum security jail
shall be and shall remain, in all respects, under the control of
the county authority that has responsibility for the management
and operation of the jail, workhouse, or other correctional
facilities of the county or, if it is operated by any affiliation
of counties or municipal corporations, under the control of the
specified county or municipal corporation with that authority, provided that,
if the person was convicted of a felony and is serving a residential sanction
in the facility, all provisions of law that pertain to persons convicted of a
felony that would not by their nature clearly be inapplicable apply regarding
the person. A
minimum security jail dedicated and used under this
section shall be managed and maintained in accordance with
policies and procedures adopted by the board of county
commissioners or the affiliated counties and municipal
corporations governing the safe and healthful operation of the
jail, the confinement and supervision of the persons sentenced to
it, and their participation in work release or similar
rehabilitation programs. In addition to other rules of conduct
and discipline, the rights of ingress and egress of persons
confined in a minimum security jail dedicated and
used under this section shall be subject to reasonable
restrictions. Every person confined in a minimum security
jail dedicated and used under this section shall be
given verbal and written notification, at the time of the person's
admission to the jail, that purposely leaving, or purposely
failing to return to, the jail without proper authority or
permission constitutes the felony offense of escape. (E) If a person who has been convicted of or pleaded guilty to an
offense is sentenced to a term of imprisonment or a residential sanction in a
minimum security jail as described in division (B)(1)(a)
or (B)(2)(a)
of this section, or if a person is an inmate transferred to a minimum
security jail by order of a judge of the sentencing court as described in
division (B)(1)(b) or (2)(b) of this
section, at the time of reception and at other times
the
person in charge of the operation of the jail determines to
be appropriate, the sheriff or other person in charge of the operation of the
jail may cause the convicted offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including but not limited
to hepatitis A, B, and C, and other contagious
diseases. The
person in charge of the operation of the jail may cause a
convicted offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily. Sec. 341.41. (A) As used in this section: (1) "Free weight exercise equipment" means any equipment
or device that is designed to increase the muscle mass and physical strength
of the person using it. "Free weight exercise
equipment" includes, but is not limited to,
barbells, dumbbells, weight plates, and similar free weight-type equipment and
other devices that the department of rehabilitation and correction, in rules
adopted under section 5120.423 of the Revised Code, designates as enabling a
person to
increase muscle mass and physical strength. (2) "Fixed weight exercise equipment" means any equipment, machine, or
device
that is not designed primarily to increase muscle mass and physical strength
but rather to keep a person in relatively good physical condition. "Fixed
weight exercise equipment" includes, but is not limited to, weight machines
that
utilize weight plates, tension bands, or similar devices that provide weight
training resistance like universal and nautilus equipment. "Fixed weight
exercise equipment" includes machines that are usually assembled as a unit,
are not readily dismantled, and have been specifically modified for prison use
so as to make them secure and immobile. (3) "County correctional officer" means a
person who is employed by a county as an employee or officer
of a county jail, county workhouse, minimum security
jail, joint city and county workhouse, municipal-county
correctional center, multicounty-municipal correctional center,
municipal-county jail or workhouse, or multicounty-municipal jail
or workhouse. (4) A person is "employed by a county" if the person is employed by, or
receives any compensation or benefits from, any official, officer, office,
agency, board, commission, department, or other entity that is a branch of
county government, that is established by a county, or that serves a county,
including, but not limited to, a sheriff. (5) "Multicounty-municipal" has the same
meaning as in section 307.93 of the Revised Code. (B) No county correctional officer shall do any of the
following: (1) Provide a prisoner access to free weight or fixed weight exercise
equipment; (2) Allow a prisoner to provide or receive instruction in boxing,
wrestling, karate, judo, or another form of martial arts, or any other
program that the department of rehabilitation and correction, in rules adopted
under
section 5120.423 of the Revised Code, designates as enabling a person to
improve fighting
skills. (C) Nothing in this section prohibits a
county correctional officer from allowing a prisoner to participate in
jogging, basketball, stationary
exercise bicycling, supervised calisthenics, or other
physical activities that are not designed to increase
muscle mass and physical strength or improve fighting
skills. Sec. 753.21. (A) As used in this section, "building or
structure" includes, but is not limited to, a modular unit,
building, or structure and a movable unit, building, or
structure. (B)(1) The legislative authority of a municipal
corporation, by ordinance, may dedicate and permit the use, as a
minimum security jail, of any vacant or abandoned
public building or structure owned by the municipal corporation
that has not been dedicated to or is not then in use for any
municipal or other public purpose, or any building or structure
rented or leased by the municipal corporation. The legislative
authority of a municipal corporation, by ordinance, also may
dedicate and permit the use, as a minimum security
jail, of any building or structure purchased by or constructed by
or for the municipal corporation. Subject to divisions (B)(3)
and (C) of this section, upon the effective date of such an
ordinance, the specified building or structure shall be used, in
accordance with this section, for the confinement of persons who
meet one of the following conditions: (a) The person is sentenced to a term of imprisonment for a
traffic violation, a misdemeanor, or
a
violation of a municipal ordinance
and is under the jurisdiction of the municipal corporation or
is sentenced to a residential sanction in the jail for a
felony of the fourth or fifth degree
pursuant to sections 2929.11 to 2929.19 of the
Revised Code,
and the jail administrator or the jail administrator's designee has classified
the person as a minimal security risk. In determining the person's
classification under this division, the administrator or designee shall
consider all relevant factors, including, but not limited to, the person's
escape risk and propensity for assaultive or violent behavior, based upon the
person's prior and current behavior. (b) The person is an inmate transferred by order of a judge of
the sentencing court upon the request of the sheriff, administrator, jailer,
or other person responsible for operating the jail other than a contractor as
defined in division (H) of section 9.06 of the Revised Code, who is
named in
the request as being suitable for confinement
in a minimum security facility. (2) The legislative authority of a municipal corporation,
by ordinance, may affiliate with the county in which it is
located, with one or more counties adjacent to the county in
which it is located, or with one or more municipal corporations
located within the county in which it is located or within an
adjacent county, and dedicate and permit the use, as a minimum
security jail, of any vacant or abandoned public
building or structure owned by any of the affiliating counties or
municipal corporations that has not been dedicated to or is not
then in use for any public purpose, or any building or structure
rented or leased by any of the affiliating counties or municipal
corporations. The legislative authority of a municipal
corporation, by ordinance, also may affiliate with one or more
counties adjacent to the county in which it is located or with
one or more municipal corporations located within the county in
which it is located or within an adjacent county and dedicate and
permit the use, as a minimum security jail, of any
building or structure purchased by or constructed by or for any
of the affiliating counties or municipal corporations. Any
counties and municipal corporations that affiliate for purposes
of this division shall enter into an agreement that establishes
the responsibilities for the operation and for the cost of
operation of the minimum security jail. Subject to
divisions (B)(3) and (C) of this section, upon the effective date
of an ordinance adopted under this division, the specified
building or structure shall be used, in accordance with this
section, for the confinement of persons who meet one of the
following conditions: (a) The person is sentenced to a term of imprisonment for a traffic
violation,
a misdemeanor, or a violation
of an ordinance of a
municipal corporation and is
under the jurisdiction of any of the affiliating counties or municipal
corporations or is sentenced to a
residential sanction in the jail for a
felony of the fourth or fifth degree
pursuant to sections 2929.11 to 2929.19 of the
Revised Code,
and the jail administrator or the jail administrator's designee has classified
the person as a minimal security risk. In determining the person's
classification under this division, the administrator or designee shall
consider all relevant factors, including, but not limited to, the person's
escape risk and propensity for assaultive or violent behavior, based upon the
person's prior and current behavior. (b) The person is an inmate transferred by order of a judge of the
sentencing court upon the request of the sheriff, administrator, jailer, or
other person responsible for operating the jail other than a contractor as
defined in division (H) of section 9.06 of the Revised Code, who is
named in
the request as being suitable for confinement in a minimum security facility. (3) No person shall be confined in a building or structure
dedicated as a minimum security jail under division
(B)(1) or (2) of this section unless the judge who sentenced the
person to the term of imprisonment for the traffic violation or the
misdemeanor specifies that the term of imprisonment is to be served in that
jail, and division (B)(1) or (2) of this section permits the
confinement of the person in that jail or unless the judge who
sentenced the person to the
residential sanction for the
felony specifies that the residential sanction is to be served in
a jail, and division (B)(1) or (2) of this section
permits the confinement of the person in that jail. If a
rented or leased building or
structure is so dedicated, the building or structure
may be used as a minimum security jail only during
the period that it is rented or leased by the municipal
corporation or by an affiliated county or municipal corporation.
If a person convicted of a misdemeanor is confined to a building or structure
dedicated as a
minimum security jail under division (B)(1) or (2)
of this section and the sheriff, administrator, jailer, or other
person responsible for operating the jail other
than a contractor as
defined in division (H) of section 9.06 of the Revised Code
determines that it would be more
appropriate for the person so confined to be confined in another
jail or workhouse facility, the sheriff, administrator, jailer,
or other person may transfer the person so confined to a more
appropriate jail or workhouse facility. (C) All of the following apply in relation to a building
or structure that is dedicated pursuant to division (B)(1) or (2)
of this section for use as a minimum security jail: (1) To the extent that the use of the building or
structure as a minimum security jail requires a
variance from any municipal corporation, county, or township
zoning ordinances or regulations, the variance shall be granted. (2) Except as provided in this section, the building or
structure shall not be used to confine any person unless it is in
substantial compliance with any applicable housing, fire
prevention, sanitation, health, and safety codes, regulations, or
standards. (3) Unless such satisfaction or compliance is required
under the standards described in division (C)(4) of this section,
and notwithstanding any other provision of state or local law to
the contrary, the building or structure need not satisfy or
comply with any state or local building standard or code in order
to be used to confine a person for the purposes specified in
division (B) of this section. (4) The building or structure shall not be used to confine
any person unless it is in compliance with all minimum standards
and minimum renovation, modification, and construction criteria
for minimum security jails that have been proposed
by the department of rehabilitation and correction, through its
bureau of adult detention, under section 5120.10 of the Revised Code. (5) The building or structure need not be renovated or
modified into a secure detention facility in order to be used solely to
confine a person for the purposes specified in divisions (B)(1)(a) and
(B)(2)(a) of this section. (6) The building or structure shall be used, equipped,
furnished, and staffed to provide adequate and suitable living,
sleeping, food service or preparation, drinking, bathing and
toilet, sanitation, and other necessary facilities, furnishings,
and equipment. (D) Except as provided in this section, a minimum security
jail dedicated and used under this section shall be
considered to be part of the jail, workhouse, or other
correctional facilities of the municipal corporation or the
affiliated counties and municipal corporations for all purposes
under the law. All persons confined in such a minimum security
jail shall be and shall remain, in all respects,
under the control of the authority of the municipal corporation
that has responsibility for the management and operation of the
jail, workhouse, or other correctional facilities of the
municipal corporation or, if it is operated by any affiliation of
counties or municipal corporations, under the control of the
specified county or municipal corporation with that authority, provided that,
if the person was convicted of a felony and is serving a residential sanction
in the facility, all provisions of law that pertain to persons convicted of a
felony that would not by their nature clearly be inapplicable apply regarding
the person. A
minimum security jail dedicated and used under this
section shall be managed and maintained in accordance with
policies and procedures adopted by the legislative authority of
the municipal corporation or the affiliated counties and
municipal corporations governing the safe and healthful operation
of the jail, the confinement and supervision of the persons
sentenced to it, and their participation in work release or
similar rehabilitation programs. In addition to other rules of
conduct and discipline, the rights of ingress and egress of
persons confined in a minimum security jail
dedicated and used under this section shall be subject to
reasonable restrictions. Every person confined in a minimum
security jail dedicated and used under this section
shall be given verbal and written notification, at the time of
the person's admission to the jail, that purposely leaving, or purposely
failing to return to, the jail without proper authority or
permission constitutes the felony offense of escape. (E) If a person who has been convicted of or pleaded guilty to an
offense is sentenced to a term of imprisonment or a residential sanction in a
minimum security jail as described in division (B)(1)(a)
or (B)(2)(a)
of this section, or if a person is an inmate transferred to a minimum
security jail by order of a judge of the sentencing court as described in
division (B)(1)(b) or (2)(b) of this
section, at the time of reception and at other times
the
person in charge of the operation of the jail determines to
be appropriate, the person in charge of the operation of the
jail may cause the convicted offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including but not limited
to hepatitis A, B, and C, and other contagious
diseases. The
person in charge of the operation of the jail may cause a
convicted offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily. Sec. 753.31. (A) As used in this section: (1) "Free weight exercise equipment" means any equipment
or device that is designed to increase the muscle mass and physical strength
of the person using it. "Free weight exercise equipment" includes, but is not
limited to, barbells, dumbbells, weight plates, and similar free weight-type
equipment and
other devices that the department of rehabilitation and correction, in
rules adopted under section 5120.423 of the Revised Code, designates as enabling a person to
increase muscle mass and physical strength. (2) "Fixed weight exercise equipment" means any equipment, machine, or
device
that is not designed primarily to increase muscle mass and physical strength
but rather to keep a person in relatively good physical condition. "Fixed
weight exercise equipment" includes, but is not limited to, weight machines
that
utilize weight plates, tension bands, or similar devices that provide weight
training resistance like universal and nautilus equipment. "Fixed weight
exercise equipment" includes machines that are usually assembled as a unit,
are
not readily dismantled, and have been specifically modified for prison use so
as to make them secure and immobile. (3) "Municipal correctional officer" means
a person who is employed by a municipal corporation as an
employee or officer of a municipal jail, municipal workhouse,
minimum security jail, joint city and county
workhouse, municipal-county correctional center,
multicounty-municipal correctional center, municipal-county jail
or workhouse, or multicounty-municipal jail or workhouse. (4) A person is "employed by a municipal corporation" if the person is
employed by, or receives any compensation or benefits from, any official,
officer, office, agency, board, commission, department, or other entity that
is
a branch of municipal government, that is established by a municipal
corporation, or that serves a municipal corporation, including, but not
limited
to, a chief law enforcement officer of a municipal corporation. (5) "Multicounty-municipal" has the same
meaning as in section 307.93 of the Revised Code. (B) No municipal correctional officer shall
do any of the following: (1) Provide a prisoner access to free weight or fixed weight exercise
equipment; (2) Allow a prisoner to provide or receive instruction in
boxing, wrestling, karate, judo, or another form of martial arts, or any
other program that the department of rehabilitation and correction, in rules
adopted under section 5120.423 of the Revised Code, designates as enabling a
person to
improve fighting skills. (C) Nothing in this section prohibits a
municipal correctional officer from allowing a prisoner to participate in
jogging, basketball, stationary
exercise bicycling, supervised calisthenics, or other
physical activities that are not designed to increase
muscle mass and physical strength or improve fighting
skills. Sec. 2921.01. As used in sections 2921.01 to 2921.45 of
the Revised Code: (A) "Public official" means any elected or appointed
officer, or employee, or agent of the state or any political
subdivision, whether in a temporary or permanent capacity, and
includes, but is not limited
to, legislators, judges, and law enforcement officers. (B) "Public servant" means any of the following: (1) Any public official; (2) Any person performing ad hoc a governmental function,
including, but not limited to,
a juror, member of a temporary commission, master, arbitrator, advisor, or
consultant; (3) A person who is a candidate for public office, whether or not
the person is
elected or appointed to the office for which the person is a
candidate. A person is a
candidate for purposes of this division if the person has
been nominated according to law for election or appointment to
public office, or if the person has filed a petition or petitions as
required by law to have the person's name placed on the ballot in a
primary, general, or special election, or if the person campaigns as
a write-in candidate in any primary, general, or special election. (C) "Party official" means any person who holds an
elective or appointive post in a political party in the United
States or this state, by virtue of which the person directs,
conducts, or
participates in directing or conducting party affairs at any
level of responsibility. (D) "Official proceeding" means any proceeding before a
legislative, judicial, administrative, or other governmental
agency or official authorized to take evidence under oath, and
includes any proceeding before a referee, hearing examiner,
commissioner, notary, or other person taking testimony or a
deposition in connection with an official proceeding. (E) "Detention" means arrest; confinement in any vehicle
subsequent to an arrest; confinement in any public or private facility
for custody
of persons charged with or convicted of crime in this state or another
state or under the laws of the United States or alleged
or found
to be a delinquent child or unruly child in this state or another state or
under the laws of the United States; hospitalization,
institutionalization, or confinement in any public or private facility
that
is ordered pursuant
to or under the authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code; confinement in any vehicle for
transportation to or from any facility of any of those
natures; detention for extradition or deportation; except as provided in
this division, supervision by any employee of any facility of any of
those natures that is incidental to hospitalization, institutionalization,
or confinement in the facility but that occurs
outside the facility; or supervision by an employee of the department of
rehabilitation and correction of a person on any type of release from a state
correctional institution. For a person confined in a county jail who
participates in a county jail industry program pursuant to
section 5147.30 of the Revised Code, "detention" includes time
spent at an assigned work site and going to and from the work
site. (F) "Detention facility" means any public or private place used for
the
confinement of a person charged with or convicted of any crime in this
state or another state or under the laws of the United
States or
alleged or found to be a delinquent child or unruly child in this state or
another state or under the laws of the United States. (G) "Valuable thing or valuable benefit" includes, but is
not limited to, a contribution. This inclusion does not indicate
or imply that a contribution was not included in those terms
before September 17, 1986. (H) "Campaign committee," "contribution," "political
action committee," "legislative campaign fund," and
"political party" have the same meanings
as in section 3517.01 of the Revised Code. (I) "Provider agreement" and "medical assistance program"
have the same meanings as in section 2913.40 of the Revised Code. Sec. 2929.13. (A) Except as provided in
division (E), (F), or (G) of this section and unless a
specific sanction is required to be imposed or is precluded from
being imposed pursuant to law, a court that imposes a sentence
upon an offender for a felony may impose any sanction or
combination of sanctions on the offender that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on state or local government resources. If the offender is eligible to be sentenced to community control sanctions,
the court shall consider the
appropriateness of imposing a financial sanction pursuant to
section 2929.18 of the Revised Code or
a sanction of community service
pursuant to section 2929.17 of the Revised Code
as the sole sanction for the offense. Except as otherwise provided in this
division, if the court is required
to impose a mandatory prison term for the offense for which
sentence is being imposed, the court also may impose a financial
sanction pursuant to section 2929.18 of the Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OMVI offense, in addition to the mandatory term of local
incarceration or the mandatory prison term required for
the offense by
division (G)(1) or (2) of this section, the
court shall impose upon the offender a mandatory fine in accordance with
division (B)(3) of section 2929.18 of the
Revised Code
and may impose whichever of the following is applicable: (1) If division (G)(1) of this section requires that the offender
be sentenced to a mandatory term of local incarceration, an additional
community control sanction
or combination of community control sanctions under section 2929.16 or 2929.17
of the Revised
Code; (2) If division (G)(2) of this section requires that the offender
be sentenced to a mandatory prison term, an additional prison term as
described in division (D)(4) of section 2929.14 of the Revised Code. (B)(1) Except as provided in division (B)(2),
(E), (F), or (G) of this section, in sentencing an offender for a
felony of the fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical harm to a person. (b) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person
with a deadly weapon. (c) In committing the offense, the offender attempted
to cause or made an actual threat of physical harm to a person,
and the offender previously was convicted of an offense that
caused physical harm to a person. (d) The offender held a public office or position of
trust and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense
or to bring those committing it to justice; or the offender's
professional reputation or position facilitated the offense or
was likely to influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth degree felony violation of section 2907.03, 2907.04,
2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the Revised Code. (g) The offender previously served a prison term. (h) The offender previously was subject to a community control
sanction, and the offender committed
another offense while under the sanction. (2)(a) If the court makes a finding
described in division (B)(1)(a), (b), (c), (d), (e), (f), (g),
or (h) of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the offender is not amenable to an available
community control sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this section, if the
court does not make a
finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h)
of this section and if the court, after
considering the factors set forth in section 2929.12 of the
Revised
Code, finds that a community
control sanction or combination of community control sanctions
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the
Revised
Code, the court shall impose a
community control sanction or combination of community control
sanctions upon the offender. (C) Except as provided in division (E)
or (F) of this section, in determining whether to impose a prison
term as a sanction for a felony of the
third degree or a felony drug offense that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for purposes of sentencing, the
sentencing court shall comply with the purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code. (D) Except as provided in division (E)
or (F) of this section, for a felony of the first or
second degree and for a felony drug offense that is a violation
of any provision of Chapter 2925., 3719., or 4729. of the
Revised Code for which a presumption in favor of
a prison term is specified as being applicable, it is presumed
that a prison term is necessary in order to comply
with the purposes and principles of sentencing under section 2929.11 of the
Revised Code. Notwithstanding the presumption established
under this division, the sentencing court may
impose a community control sanction or a combination of community control
sanctions instead of a prison term on an offender for a felony of the first or
second degree or for a felony drug offense that is a violation of any
provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being applicable if
it makes both of
the following findings: (1) A community control sanction or a combination of community control
sanctions would
adequately punish the offender and protect the public from future
crime, because the applicable factors
under section 2929.12
of the Revised Code indicating a lesser
likelihood of recidivism
outweigh the applicable factors under that section
indicating a
greater likelihood of recidivism. (2) A community control sanction or a combination of community control
sanctions would not
demean the seriousness of the offense, because one or more
factors under section 2929.12 of the Revised
Code that indicate that the offender's conduct was less serious than
conduct normally constituting the offense are applicable, and they outweigh
the applicable factors under that section that indicate that the
offender's conduct was more
serious than conduct normally constituting the offense. (E)(1) Except as provided in division
(F) of this section, for any drug offense that is a
violation of any provision of Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption under division (D) of this section in favor of a prison
term or of division (B) or (C) of this section in
determining
whether to impose a prison term for the offense shall be
determined as specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or
2925.37 of the Revised Code,
whichever is applicable regarding the violation. (2) If an offender who was convicted of or pleaded guilty to a felony drug
offense in violation of a provision of Chapter 2925.,
3719., or 4729. of the Revised Code violates the conditions of a community
control sanction imposed for the offense solely by possession or using a
controlled substance and if the offender has not failed to meet the conditions
of any drug treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as punishment for the
violation of the sanction, shall order that the offender participate in a drug
treatment program or in alcoholics anonymous, narcotics anonymous, or a
similar program if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set forth in section
2929.11 of the Revised Code. If the court determines that an order of that
nature would not be consistent with those purposes and principles or if the
offender violated the conditions of a drug treatment program in which the
offender participated as a sanction for the offense, the court may impose on
the offender a sanction authorized for the violation of the sanction,
including a prison term. (F) Notwithstanding divisions (A) to
(E) of this section, the court shall impose a prison
term or terms under sections 2929.02 to 2929.06, section 2929.14, or section
2971.03 of the Revised Code and except as specifically provided in
section 2929.20 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code, shall not reduce the terms pursuant to section 2929.20, section
2967.193, or any other provision of
Chapter 2967. or Chapter 5120. of
the Revised Code for any of the following
offenses: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape by force
when
the victim is under
thirteen years of age; (3) Gross sexual imposition or sexual battery, if the victim is under
thirteen
years of age, if the offender previously was convicted of or pleaded guilty to
rape, the former offense of felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under thirteen years of age; (4) A felony violation of section 2903.06, 2903.07,
or 2903.08 of the Revised Code if the section requires the
imposition of a prison term; (5) A first, second, or third degree felony drug
offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the violation, requires the imposition of a
mandatory prison term; (6) Any offense that is a first or second degree felony
and that is not set forth in division (F)(1), (2), (3), or (4)
of this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or
second degree felony, or an offense under an existing or former law
of this state, another state, or the United States that is
or was substantially equivalent to one of those offenses; (7) Any offense, other than a violation of section 2923.12 of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (D)(1)(a) of
section 2929.14 of the Revised Code for having the firearm; (8) Corrupt activity in violation of section 2923.32 of
the Revised Code when the most serious offense in
the pattern of corrupt activity that is the basis of the offense
is a felony of the first degree; (9) Any sexually violent offense for which the offender also is convicted
of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the indictment, or
information charging the sexually violent offense; (10) A violation of division (A)(1) or (2) of section 2921.36 of the Revised
Code, or a violation of division (C) of that section involving an item listed
in division (A)(1) or (2) of that section, if the offender is an officer or
employee of the department of rehabilitation and correction. (G) Notwithstanding divisions (A) to (E) of
this section, if an offender is being sentenced for a fourth degree felony
OMVI offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in accordance with the
following: (1) Except as provided in division (G)(2) of this section, the
court shall impose upon the offender a mandatory term of local incarceration
of sixty days as specified in division (A)(4) of section 4511.99 of
the Revised Code and shall not reduce the term pursuant to
section 2929.20, 2967.193, or any other provision of the Revised
Code. The court that imposes a mandatory term of local incarceration
under
this division shall specify whether the term is to be served in a
jail, a community-based correctional
facility, a halfway house, or an alternative residential facility, and the
offender shall serve the term in the type of facility specified
by the court. The court shall not sentence the offender to a prison term and
shall not specify that the offender is to serve the mandatory term of local
incarceration in prison. A mandatory term of local incarceration imposed
under division (G)(1) of this section is not subject to extension
under section 2967.11 of the Revised Code, to a period of post-release control
under section 2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term. (2) If the offender previously has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense, the court shall impose upon the
offender a mandatory prison term of sixty days as specified in division (A)(4)
of section 4511.99 of the Revised Code and shall not reduce the term pursuant
to section 2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a mandatory term
of local incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OMVI offense be sentenced to another mandatory
term of local incarceration under that division for a fourth degree felony
OMVI offense. The court shall not sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the Revised
Code. The department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an intensive
program prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of its intent to
place the offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial intensive
program prison pursuant to section 5120.033 Of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into under section
9.06 Of the Revised Code, both of the following apply: (a) The department of rehabilitation and correction shall make a
reasonable effort to ensure that a sufficient number of offenders sentenced to
a mandatory prison term under this division are placed in the privately
operated and managed prison so that the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall not place any
offender sentenced to a mandatory prison term under this division in any
intensive program prison established pursuant to section 5120.033 Of the Revised Code other
than the privately operated and managed prison. (H) If an offender is being sentenced
for a sexually oriented offense committed on or after the effective date of
this amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of the
Revised Code
if either of the following applies: (1) The offense was a sexually violent offense, and the offender also was
convicted of or pleaded guilty to a sexually violent predator specification
that was included in the indictment,
count in the indictment, or information charging the sexually violent offense. (2) The judge imposing sentence for the sexually oriented offense
determines pursuant to division (B) of section 2950.09 of the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually oriented offense committed on or after the effective date of
this amendment, the judge shall include in the sentence a summary of the
offender's duty to register pursuant to section 2950.04 of the Revised Code,
the offender's duty to provide notice of a change in residence address and
register the new residence address pursuant to section 2950.05 of the Revised
Code, the offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised Code, and the
duration of the duties. The judge shall inform the offender, at the
time of sentencing, of those duties and of their duration and, if required
under division (A)(2) of section 2950.03 of
the Revised Code, shall perform the duties specified in that
section. Sec. 2945.47. (A)(1) As used in this section, "detention
facility" has the same meaning as in section 2921.01 Of the Revised Code. (2) If it is necessary in a criminal
proceeding before the court to procure the testimony of a person
who is imprisoned in a workhouse, juvenile detention facility,
jail, or state correctional institution within this state, or who is
in the custody of the department of youth services, the court may
require that the person's testimony be taken by deposition
pursuant to Criminal Rule 15 at the place of the person's
confinement, if the person is not a defendant in the case and if
the court determines that the interests of justice do not demand
that the person be brought before the court for the presentation
of his the person's testimony. All witnesses for the
prosecution shall be brought before the court. The defendant may waive any
right to compel the appearance of a person brought before the court
pursuant to this division. (B) If Subject to division (C) of this section, if it
is necessary in a criminal proceeding before the
court to procure the testimony of a person who is imprisoned in a
workhouse, a juvenile detention facility, or a jail within this
state, the court may order a subpoena to be issued, directed to
the keeper of the institution, commanding him the keeper to
bring the prisoner named in the subpoena before the court. The keeper, upon receiving the subpoena, shall take the
witness before the court at the time and place named in the
subpoena, and hold him the witness until he the
witness is discharged by the court. When discharged, he the
witness shall be returned in the custody of such officer to the place of
imprisonment from which he the witness was taken, and the
officer may command any assistance that he the officer considers
proper for the transportation of the witness. (C) If it is necessary in a criminal proceeding before the
court to procure the testimony of a person who is imprisoned in a
state correctional institution within this state, or who is in the
custody of the department of youth services, the court may order
a subpoena to be issued directed to the sheriff of the county in
which the indictment or grand jury proceeding is pending. When a
copy of the subpoena is presented by the sheriff to the warden or
superintendent of a state correctional institution, or
to the person in charge of the facility in which a juvenile is
confined, he shall deliver the witness shall be delivered at the
institution or facility to the sheriff who shall take him the
witness before the court at the time and place named in the subpoena and
hold him the witness until he the witness is
discharged by the court. When discharged, he the witness shall
be returned in the custody of the sheriff to the place of imprisonment from
which he the witness was taken. (D) The court shall, in the manner provided in Chapter
120. of the Revised Code, shall either assign counsel or designate a
public defender to represent a juvenile subpoenaed as a witness
under this section. Compensation for assigned counsel shall be
made pursuant to section 2941.51 of the Revised Code. (E) When a person's testimony is taken by deposition
pursuant to division (A) of this section, the deposition shall be
upon oral examination if either the prosecuting authority or the
defendant who is taking the deposition requests that the
deposition be upon oral examination, and may be videotaped if
either the prosecuting authority or the defendant who is taking
the deposition requests that it be recorded by means of
videotape. The person requesting the testimony of the person whose
deposition is taken pursuant to division (A) of this section
shall pay the expense of taking the deposition, except that the
court may tax the expense as court costs in appropriate cases. Sec. 5120.033. (A) As used in this section, "fourth degree
felony OMVI
offense" has the same meaning as in section 2929.01 of the
Revised Code. (B) Within eighteen months after the effective
date of this section, the department of rehabilitation and correction shall
develop and implement intensive program prisons for male and female prisoners
who are sentenced pursuant to division (G)(2) of section 2929.13 of the
Revised Code to a mandatory prison term for a fourth degree felony
OMVI offense. The department shall contract pursuant to section
9.06 Of the Revised Code for the private operation and management of the initial intensive
program prison established under this section and may contract pursuant to
that section for the private operation and management of any other intensive
program prison established under this section. The intensive
program prisons established under this
section shall include
prisons that focus on educational achievement, vocational training, alcohol
and other drug abuse treatment,
community service and conservation work, and other intensive
regimens or combinations of intensive regimens. (C) Except as provided in division (D) of this
section, the department may place a prisoner who is sentenced to a mandatory
prison term for a fourth degree felony OMVI offense
in an intensive program prison
established pursuant to division (B) of this section if
the sentencing judge, upon notification by the department of its
intent to place the
prisoner in an intensive program prison, does not notify the
department that the judge
disapproves the placement. If the stated prison term imposed on a prisoner
who is so placed is longer than the mandatory prison term that is required to
be imposed on the prisoner, the department may reduce the stated
prison term upon the prisoner's successful completion of
the prisoner's mandatory prison term in an intensive program prison. A
prisoner whose term has been so reduced
shall be required to serve an intermediate, transitional type of detention
followed by a release under post-release control sanctions or, in the
alternative, shall be placed under post-release control sanctions, as
described in division (B)(2)(b)(ii) of section 5120.031
of the Revised Code. In either case, the placement under post-release control
sanctions shall be under terms set by the parole board in accordance with
section 2967.28 of the Revised Code and shall
be subject to the provisions of that section with respect to a violation of
any post-release control sanction. Upon the establishment of the initial
intensive program prison pursuant to division (B) of this section
that is privately operated and managed by a contractor pursuant to a contract
entered into under section 9.06 Of the Revised Code, the department shall comply with
divisions (G)(2)(a) and (b) of
section 2929.13 Of the Revised Code in placing prisoners in intensive program prisons under
this section. (D) A prisoner who is sentenced to a mandatory prison term for a
fourth degree felony OMVI offense
is not eligible to participate in an intensive program prison established
under division (B) of this section if any of the following applies
regarding the prisoner: (1) In addition to the mandatory prison term for the fourth degree felony
OMVI offense, the prisoner also is serving a prison term of a type
described in division (B)(2)(a), (b), or (c)
of section 5120.032 of the Revised Code. (2) The prisoner previously has been imprisoned for
an offense of a type described in division (B)(2)(a) or
(c) of section 5120.032 of the Revised Code or a comparable
offense under the law in effect prior to July 1, 1996. (E) Intensive program prisons established under division
(B) of this section are not subject to section 5120.032 of the Revised Code. SECTION 2 . That existing sections 9.06, 103.73, 341.34, 341.41, 753.21,
753.31, 2921.01, 2929.13, 2945.47, and 5120.033
of the Revised Code are hereby repealed.
SECTION 3 . Section 2929.13 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 32 and Am. Sub. S.B. 111 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
SECTION 4 . This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for such necessity is that immediate action is crucial for the
protection of Ohio residents from potential problems that might arise due to
the housing of out-of-state prisoners in private detention facilities in Ohio.
Therefore, this act shall go into immediate effect.
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