To amend sections 103.73, 341.41, 753.31, 2921.01, and 2945.47 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, and to declare an emergency.

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

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) "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.

(5) "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.

(6) "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.

(2) 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 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 PRIVATE CONTRACTOR SHALL CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH THIS DIVISION. IF A PRIVATE ENTITY INTENDS TO MANAGE AND OPERATE A CORRECTIONAL FACILITY IN THIS STATE TO HOUSE OUT-OF-STATE PRISONERS WITHOUT ENTERING INTO A CONTRACT PURSUANT TO DIVISION (D) OF THIS SECTION WITH A LOCAL PUBLIC ENTITY, PRIOR TO COMMENCING CONSTRUCTION OR RENOVATION OF THE FACILITY OR, IF THE FACILITY IS AN EXISTING FACILITY, PRIOR TO OPENING THE FACILITY, THE PRIVATE ENTITY SHALL CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH THIS DIVISION. 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 OR PRIVATE ENTITY 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, DEFEND, 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 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, A PATTERN OF COMMITTING ACTS OF AN ASSAULTIVE NATURE AGAINST EMPLOYEES OF, OR VISITORS TO, THE PLACE OF CONFINEMENT, A RECORD INDICATING A PATTERN OF VIOLENCE, OR 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 POLICEMEN, 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.

(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.

(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. 341.41. (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. 753.31. (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. 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.