To enact sections 5120.425, 5120.426, 5120.427, 5120.428, and 5120.429 of the Revised Code to codify provisions governing the receipt and retention of specified inflammatory materials, specified obscene or other sexually oriented materials, and other types of materials by prisoners in state correctional institutions.

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

Sec. 5120.425. AS USED IN SECTIONS 5120.425 TO 5120.429 OF THE REVISED CODE:

(A) "ADVERTISING MAIL" MEANS PROMOTIONAL OFFERS, DRAWINGS, SWEEPSTAKES, LOTTERIES, AND OTHER PROMOTIONAL CAMPAIGNS THAT PROPOSE A COMMERCIAL TRANSACTION AND THAT, TAKEN AS A WHOLE, ARE NOT PERSONAL COMMUNICATIONS UNIQUELY COMPOSED FOR A SPECIFIC INDIVIDUAL.

(B) "DEADLY WEAPON" HAS THE SAME MEANING AS IN SECTION 2923.11 OF THE REVISED CODE.

(C) "HEAD OF A STATE CORRECTIONAL INSTITUTION," "PRISONER," AND "STATE CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE.

(D) "HEAD'S DESIGNEE" MEANS A PERSON OR, FOR PURPOSES OF DIVISION (A) OF SECTION 5120.428 OF THE REVISED CODE, A PANEL OF PERSONS DESIGNATED BY THE HEAD OF A STATE CORRECTIONAL INSTITUTION TO PERFORM A RESPONSIBILITY THAT SECTIONS 5120.425 TO 5120.429 OF THE REVISED CODE GENERALLY OTHERWISE IMPOSE UPON THAT INDIVIDUAL.

(E) "INCOMING MATERIAL" MEANS EITHER OF THE FOLLOWING:

(1) A MATERIAL THAT IS MAILED DIRECTLY TO A SPECIFIC PRISONER FROM THE MATERIAL'S PUBLISHER OR OTHER DISTRIBUTOR;

(2) A MATERIAL THAT A SPECIFIC PRISONER MAY BE ELIGIBLE TO RECEIVE THROUGH THE UNITED STATES MAIL OR IN ANOTHER MANNER FROM A MEMBER OF THE PRISONER'S FAMILY, A FRIEND OF THE PRISONER, OR ANOTHER SOURCE WITH THE PRIOR APPROVAL OF THE HEAD OF A STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE.

(F)(1) EXCEPT AS PROVIDED IN DIVISION (F)(2) OF THIS SECTION, "MATERIAL" MEANS A PRERECORDED MAGNETIC AUDIO TAPE, BOOK, DRAWING, MAGAZINE, NEWSPAPER, PAMPHLET, POSTER, PRINT, PHOTOGRAPH, OR OTHER SIMILAR PRINTED, WRITTEN, RECORDED, OR OTHERWISE PRODUCED ITEM.

(2) "MATERIAL" DOES NOT INCLUDE ADVERTISING MAIL OR MAIL THAT IS IN THE FORM OF A FIRST CLASS LETTER ADDRESSED TO A SPECIFIC PRISONER AND THAT THE PRISONER MAY BE ENTITLED TO RECEIVE AFTER ANY INSPECTION THAT MAY BE REQUIRED BY RULES THAT THE DIRECTOR OF REHABILITATION AND CORRECTION ADOPTS PURSUANT TO THIS CHAPTER.

(G) "OTHER CONDUCT" MEANS BESTIALITY, MASTURBATION, HUMAN BODILY FUNCTIONS OF ELIMINATION, OR SADOMASOCHISM THAT INVOLVES THE INFLICTION OF DEATH, PAIN, OR SUFFERING.

(H) "PROHIBITED INFLAMMATORY MATERIAL" MEANS A MATERIAL THAT, IN THE DETERMINATION OF THE HEAD OF A STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE, SATISFIES ANY OF THE FOLLOWING:

(1) THE MATERIAL MAY INCITE, AID, OR ABET CRIMINAL ACTIVITY WITHIN OR ON THE GROUNDS OF THE INSTITUTION, INCLUDING, BUT NOT LIMITED TO, AGGRAVATED RIOT, RIOT, OR UNLAWFUL TRAFFICKING IN, POSSESSION OF, OR USE OF A DRUG OF ABUSE.

(2) THE MATERIAL MAY INCITE, AID, OR ABET PHYSICAL VIOLENCE AGAINST INDIVIDUALS WITHIN OR ON THE GROUNDS OF THE INSTITUTION, INCLUDING, BUT NOT LIMITED TO, A MATERIAL THAT PROVIDES INSTRUCTION WITH RESPECT TO THE MAKING, USE, OR CONVERSION OF DEADLY WEAPONS OR OTHER WEAPONS.

(3) THE MATERIAL MAY INCITE, AID, OR ABET ESCAPE FROM THE INSTITUTION, INCLUDING, BUT NOT LIMITED TO, A MATERIAL THAT PROVIDES INSTRUCTION WITH RESPECT TO THE PICKING OF LOCKS OR THE DIGGING OF TUNNELS.

(4) THE MATERIAL APPEARS TO BE WRITTEN IN CIPHER OR CODE.

(5) ANY MATERIAL THAT IS NOT DESCRIBED IN DIVISIONS (H)(1) TO (4) OF THIS SECTION, THAT IS NOT A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, AND THAT BY ITS NATURE OR CONTENT MAY POSE A THREAT TO SECURITY, GOOD ORDER, OR DISCIPLINE WITHIN OR ON THE GROUNDS OF THE INSTITUTION.

(I) "PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL" MEANS A MATERIAL THAT, IN THE DETERMINATION OF THE HEAD OF A STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE, SHOWS, REPRESENTS, DISPLAYS, DEPICTS, OR DESCRIBES SEXUAL ACTIVITY, SEXUAL EXCITEMENT, OR OTHER CONDUCT AND SATISFIES ALL OF THE FOLLOWING:

(1) THE MATERIAL, TAKEN AS A WHOLE BY THE AVERAGE PERSON APPLYING CONTEMPORARY COMMUNITY STANDARDS, APPEALS TO THE PRURIENT INTEREST.

(2) THE MATERIAL, TAKEN AS A WHOLE BY THE AVERAGE PERSON APPLYING CONTEMPORARY COMMUNITY STANDARDS, PORTRAYS SEXUAL ACTIVITY, SEXUAL EXCITEMENT, OR OTHER CONDUCT IN A PATENTLY OFFENSIVE WAY.

(3) THE MATERIAL, TAKEN AS A WHOLE BY A REASONABLE PERSON, LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL, OR SCIENTIFIC VALUE.

(J) "PUBLICATION SCREENING COMMITTEE" MEANS THE COMMITTEE CREATED BY THE DIRECTOR OF REHABILITATION AND CORRECTION PURSUANT TO DIVISION (B)(2) OF SECTION 5120.428 OF THE REVISED CODE.

(K) "SEXUAL ACTIVITY" HAS THE SAME MEANING AS IN SECTION 2907.01 OF THE REVISED CODE.

(L) "SEXUAL EXCITEMENT" HAS THE SAME MEANING AS IN SECTION 2907.01 OF THE REVISED CODE AND ALSO INCLUDES COVERED MALE GENITALS IN A DISCERNIBLY TURGID STATE.

Sec. 5120.426. THE HEAD OF A STATE CORRECTIONAL INSTITUTION MAY ADOPT REGULATIONS THAT GOVERN THE TYPES AND MAXIMUM AMOUNT OF MATERIALS THAT EACH PRISONER CONFINED IN THE INSTITUTION IS PERMITTED TO RECEIVE AND RETAIN. THOSE REGULATIONS SHALL BE CONSISTENT WITH SECTIONS 5120.425 TO 5120.429 OF THE REVISED CODE AND THE RULES THAT THE DIRECTOR OF REHABILITATION AND CORRECTION ADOPTS PURSUANT TO THIS CHAPTER TO IMPLEMENT THOSE SECTIONS.

THE HEAD OF A STATE CORRECTIONAL INSTITUTION SHALL FORWARD PROPOSED REGULATIONS OF THAT NATURE TO THE DIRECTOR FOR THE DIRECTOR'S REVIEW AND APPROVAL PRIOR TO THE IMPLEMENTATION OF THE REGULATIONS. THE DIRECTOR PROMPTLY SHALL REVIEW AND APPROVE OR DISAPPROVE THE PROPOSED REGULATIONS. IF THE DIRECTOR APPROVES THE PROPOSED REGULATIONS, THE HEAD OF THE INSTITUTION SHALL POST THE REGULATIONS IN APPROPRIATE LOCATIONS THROUGHOUT THE INSTITUTION AND IMPLEMENT THEM.

Sec. 5120.427. (A)(1) EACH PRISONER CONFINED IN A STATE CORRECTIONAL INSTITUTION MAY RECEIVE A REASONABLE NUMBER OF MATERIALS DIRECTLY FROM THE PUBLISHERS OR OTHER DISTRIBUTORS OF THOSE MATERIALS. WITH THE PRIOR APPROVAL OF THE HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH A PRISONER IS CONFINED OR THE HEAD'S DESIGNEE, EACH PRISONER ALSO MAY RECEIVE A REASONABLE NUMBER OF MATERIALS FROM MEMBERS OF THE PRISONER'S FAMILY, THE PRISONER'S FRIENDS, OR OTHER APPROVED SOURCES.

(2) A PRISONER'S RECEIPT AND RETENTION OF MATERIALS IS SUBJECT TO THE SECURITY INSPECTION PROCEDURE DESCRIBED IN DIVISION (B) OF THIS SECTION, THE REVIEW AND APPEAL PROCEDURES DESCRIBED IN DIVISIONS (A) AND (B) OF SECTION 5120.428 OF THE REVISED CODE, AND THE REGULATIONS ADOPTED, REVIEWED, AND APPROVED PURSUANT TO SECTION 5120.426 OF THE REVISED CODE. SUBJECT TO A CONTRARY DECISION WITH RESPECT TO A MATERIAL'S NATURE BY THE HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER IS CONFINED, THE HEAD'S DESIGNEE, OR THE DIRECTOR OF REHABILITATION AND CORRECTION FOLLOWING A REVIEW OR APPEAL UNDER SECTION 5120.428 OF THE REVISED CODE, A PRISONER IS NOT ENTITLED TO RECEIVE OR RETAIN ANY MATERIAL THAT THE MAIL OFFICE OF THE STATE CORRECTIONAL INSTITUTION DETERMINES DURING THE COURSE OF THE SECURITY INSPECTION PROCEDURE TO BE A PROHIBITED INFLAMMATORY MATERIAL OR A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL.

(B)(1) EACH STATE CORRECTIONAL INSTITUTION SHALL INSPECT THROUGH ITS MAIL OFFICE EACH INCOMING MATERIAL TO DETERMINE WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, OR ANOTHER TYPE OF MATERIAL. THE MAIL OFFICE SHALL NOT DETERMINE A MATERIAL TO BE A PROHIBITED INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE.

(2) IF THE MAIL OFFICE DETERMINES THAT AN INCOMING MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL AND IS NOT A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE MAIL OFFICE SHALL CAUSE THE MATERIAL TO BE PROMPTLY FORWARDED TO THE PRISONER WHO IS ITS INTENDED RECIPIENT. IF THE MAIL OFFICE HAS REASONABLE CAUSE TO BELIEVE THAT AN INCOMING MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL OR A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE MAIL OFFICE SHALL WITHHOLD THE MATERIAL FROM THE PRISONER WHO IS ITS INTENDED RECIPIENT AND PROMPTLY SHALL PROVIDE THAT PRISONER WITH A WRITTEN NOTICE CONTAINING ALL OF THE FOLLOWING:

(a) A GENERAL DESCRIPTION OF THE WITHHELD MATERIAL;

(b) THE REASON WHY THE MATERIAL HAS NOT BEEN FORWARDED TO THE PRISONER;

(c) A STATEMENT OF THE PRISONER'S RIGHT UNDER DIVISION (A) OF SECTION 5120.428 OF THE REVISED CODE TO HAVE THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE REVIEW THE MAIL OFFICE'S WITHHOLDING DECISION.

(3) WITHIN FIVE WORKING DAYS AFTER A PRISONER'S RECEIPT OF THE MAIL OFFICE'S WRITTEN NOTICE DESCRIBED IN DIVISION (B)(2) OF THIS SECTION, THE PRISONER MAY SUBMIT TO THE HEAD OF THE STATE CORRECTIONAL INSTITUTION A WRITTEN REQUEST FOR A REVIEW OF THE MAIL OFFICE'S WITHHOLDING DECISION. IF THE PRISONER FAILS TO SUBMIT A TIMELY WRITTEN REQUEST FOR A REVIEW OF THAT NATURE, THE FAILURE SHALL CONSTITUTE THE PRISONER'S ACCEPTANCE OF THE MAIL OFFICE'S WITHHOLDING DECISION, AND THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE SHALL CAUSE THE MATERIAL TO BE DISPOSED OF IN WHICHEVER OF THE FOLLOWING MANNERS IS CONSIDERED TO BE MOST APPROPRIATE UNDER THE CIRCUMSTANCES:

(a) IF THE PRISONER SO REQUESTS, THE MATERIAL MAY BE DESTROYED.

(b) IF THE PRISONER SO REQUESTS AND PAYS ANY ASSOCIATED EXPENSE, THE MATERIAL MAY BE FORWARDED OR DELIVERED TO AN INDIVIDUAL WHO IS AN APPROVED VISITOR OF THE PRISONER AT THE STATE CORRECTIONAL INSTITUTION.

(c) THE MATERIAL MAY BE RETURNED TO THE UNITED STATES POSTAL SERVICE OR TO THE PUBLISHER, DISTRIBUTOR, OR OTHER PERSON WHO MAILED OR OTHERWISE ATTEMPTED DELIVERY OF THE MATERIAL TO THE PRISONER.

(d) THE MATERIAL MAY BE HELD AS EVIDENCE OF A VIOLATION OF LAW OR OF RULES OF THE DIRECTOR OF REHABILITATION AND CORRECTION ADOPTED UNDER THIS CHAPTER.

(e) THE MATERIAL MAY BE DISPOSED OF IN ACCORDANCE WITH ANY RULE OF THE DIRECTOR OF REHABILITATION AND CORRECTION THAT IS ADOPTED UNDER THIS CHAPTER AND THAT PERTAINS TO CONTRABAND WITHIN A STATE CORRECTIONAL INSTITUTION.

Sec. 5120.428. (A)(1) IF A PRISONER CONFINED IN A STATE CORRECTIONAL INSTITUTION SUBMITS A TIMELY WRITTEN REVIEW REQUEST UNDER DIVISION (B)(3) OF SECTION 5120.427 OF THE REVISED CODE, THE HEAD OF THE STATE CORRECTIONAL INSTITUTION IN WHICH THE PRISONER IS CONFINED OR THE HEAD'S DESIGNEE SHALL CAUSE THE INSTITUTION'S MAILING OFFICE TO PROMPTLY FORWARD THE WITHHELD MATERIAL TO THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE. FOR PURPOSES OF THIS DIVISION, THE HEAD'S DESIGNEE MAY BE EITHER ONE INDIVIDUAL OR A PANEL OF THREE OR MORE INDIVIDUALS, NO MORE THAN ONE OF WHOM MAY BE A MEMBER OF THE INSTITUTION'S CUSTODY STAFF.

(2) AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE WITHHELD MATERIAL FROM THE INSTITUTION'S MAIL OFFICE OR, IF POSSIBLE, WITHIN FIVE WORKING DAYS AFTER THAT RECEIPT, THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE SHALL CONDUCT A REVIEW OF THE MATERIAL TO DETERMINE WHETHER IT IS A PROHIBITED INFLAMMATORY MATERIAL, A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, OR ANOTHER TYPE OF MATERIAL. IN MAKING THAT DETERMINATION, THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE MAY CONDUCT A HEARING AND MAY PERMIT THE PRISONER WHO REQUESTED THE REVIEW TO BE PRESENT AT THE HEARING. THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE SHALL NOT DETERMINE A MATERIAL TO BE A PROHIBITED INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE.

(3) IF THE DETERMINATION OF THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE IS THAT THE WITHHELD MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL AND IS NOT A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE SHALL CAUSE THE WITHHELD MATERIAL TO BE PROMPTLY FORWARDED TO THE PRISONER WHO REQUESTED THE REVIEW.

(4) IF THE DETERMINATION OF THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE IS THAT THE WITHHELD MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL OR A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE SHALL CONTINUE TO WITHHOLD THE MATERIAL AND PROMPTLY SHALL PROVIDE THE PRISONER WHO REQUESTED THE REVIEW WITH A WRITTEN NOTICE THAT SETS FORTH ALL OF THE FOLLOWING:

(a) A GENERAL DESCRIPTION OF THE MATERIAL;

(b) A STATEMENT THAT THE MATERIAL WILL CONTINUE TO BE WITHHELD FROM THE PRISONER;

(c) THE REASON FOR THE CONTINUED WITHHOLDING;

(d) A STATEMENT OF THE PRISONER'S RIGHT TO APPEAL THE CONTINUED WITHHOLDING DETERMINATION UNDER DIVISION (B) OF THIS SECTION TO THE PUBLICATION SCREENING COMMITTEE AND THE DIRECTOR OF REHABILITATION AND CORRECTION.

(5) THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE SHALL RETAIN A COPY OF THE WRITTEN NOTICE PROVIDED UNDER DIVISION (A)(4) OF THIS SECTION IN THE RECORDS OF THE STATE CORRECTIONAL INSTITUTION FOR AT LEAST TWO YEARS FROM THE DATE OF THE CONTINUED WITHHOLDING DETERMINATION.

(B)(1) WITHIN FIVE WORKING DAYS AFTER A PRISONER'S RECEIPT OF THE WRITTEN NOTICE DESCRIBED IN DIVISION (A)(4) OF THIS SECTION, THE PRISONER MAY SUBMIT TO THE DIRECTOR OF REHABILITATION AND CORRECTION A WRITTEN APPEAL OF THE CONTINUED WITHHOLDING DETERMINATION OF THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE. THE PRISONER'S APPEAL SHALL BE MADE IN THE FORM THAT THE DIRECTOR PRESCRIBES BY RULE, SHALL REQUEST THE DIRECTOR TO RECEIVE AN ADVISORY OPINION FROM THE PUBLICATION SCREENING COMMITTEE AND THEN RENDER A FINAL DETERMINATION WITH RESPECT TO THE NATURE OF THE WITHHELD MATERIAL, AND MAY INCLUDE ANY OBJECTIONS THAT THE PRISONER HAS TO THE CONTINUED WITHHOLDING DETERMINATION. IF THE PRISONER FAILS TO SUBMIT A TIMELY WRITTEN APPEAL OF THAT NATURE, THE FAILURE SHALL CONSTITUTE THE PRISONER'S ACCEPTANCE OF THE CONTINUED WITHHOLDING DETERMINATION, AND THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE SHALL CAUSE THE MATERIAL TO BE DISPOSED OF IN WHICHEVER OF THE MANNERS LISTED IN DIVISION (B)(3) OF SECTION 5120.427 OF THE REVISED CODE IS CONSIDERED TO BE MOST APPROPRIATE UNDER THE CIRCUMSTANCES.

(2) FOR PURPOSES OF THIS DIVISION AND SECTION 5120.429 OF THE REVISED CODE, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL APPOINT A PUBLICATION SCREENING COMMITTEE THAT SHALL BE AN ADVISORY BODY COMPOSED OF FIVE INDIVIDUALS CHOSEN IN THE DIRECTOR'S DISCRETION. AT LEAST ONE MEMBER OF THE COMMITTEE SHALL BE AN ATTORNEY WHO IS LICENSED AND REGISTERED TO PRACTICE LAW IN THIS STATE. AT LEAST THREE MEMBERS OF THE COMMITTEE SHALL PARTICIPATE IN EACH ADVISORY REVIEW OF A MATERIAL THAT IS CONDUCTED UNDER THIS DIVISION OR SECTION 5120.429 OF THE REVISED CODE.

(3) IF A PRISONER CONFINED IN A STATE CORRECTIONAL INSTITUTION SUBMITS A TIMELY APPEAL UNDER DIVISION (B)(1) OF THIS SECTION, THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL CAUSE THE HEAD OF THAT STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE TO PROMPTLY FORWARD THE WITHHELD MATERIAL AND THE RELEVANT CONTINUED WITHHOLDING DETERMINATION TO THE PUBLICATION SCREENING COMMITTEE. WITHIN TWENTY WORKING DAYS AFTER RECEIPT OF THE WITHHELD MATERIAL AND THE CONTINUED WITHHOLDING DETERMINATION, THE COMMITTEE SHALL REVIEW THE MATERIAL AND THE CONTINUED WITHHOLDING DETERMINATION AND SHALL PREPARE AND FILE WITH THE DIRECTOR A WRITTEN ADVISORY OPINION AS TO WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, OR ANOTHER TYPE OF MATERIAL. IN PREPARING THE ADVISORY OPINION, THE COMMITTEE SHALL CONSIDER THE REASON UNDERLYING THE CONTINUED WITHHOLDING DETERMINATION AND, IF ANY, THE PRISONER'S WRITTEN OBJECTIONS TO THAT DETERMINATION SET FORTH IN THE WRITTEN APPEAL. THE COMMITTEE SHALL NOT DETERMINE A MATERIAL TO BE A PROHIBITED INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE.

(4) AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE PUBLICATION SCREENING COMMITTEE'S ADVISORY OPINION, THE DIRECTOR SHALL REVIEW THE WITHHELD MATERIAL, SHALL CONSIDER THE ADVISORY OPINION, THE REASON UNDERLYING THE CONTINUED WITHHOLDING DETERMINATION, AND, IF ANY, THE PRISONER'S WRITTEN OBJECTIONS TO THAT DETERMINATION SET FORTH IN THE WRITTEN APPEAL, AND SHALL RENDER A FINAL DETERMINATION AS TO WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, OR ANOTHER TYPE OF MATERIAL. THE DIRECTOR SHALL NOT DETERMINE THE MATERIAL TO BE A PROHIBITED INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE.

(5) IF THE DIRECTOR'S FINAL DETERMINATION IS THAT THE WITHHELD MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL AND IS NOT A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE DIRECTOR SHALL CAUSE THE WITHHELD MATERIAL TO BE RETURNED TO THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE TOGETHER WITH A WRITTEN COPY OF THE DIRECTOR'S FINAL DETERMINATION AND AN INSTRUCTION THAT THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE PROMPTLY DELIVER THE WITHHELD MATERIAL TO THE PRISONER WHO APPEALED THE CONTINUED WITHHOLDING DETERMINATION.

(6) IF THE DIRECTOR'S FINAL DETERMINATION IS THAT THE WITHHELD MATERIAL IS AN INFLAMMATORY MATERIAL OR A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE DIRECTOR SHALL CAUSE A WRITTEN COPY OF THE FINAL DETERMINATION TO BE DELIVERED TO THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE AND TO THE PRISONER WHO APPEALED THE CONTINUED WITHHOLDING DETERMINATION. THE FINAL DETERMINATION SHALL INCLUDE A GENERAL DESCRIPTION OF THE MATERIAL, A STATEMENT THAT THE MATERIAL WILL NOT BE DELIVERED TO THE PRISONER, AND THE REASON FOR THAT NONDELIVERY. THE DIRECTOR SHALL CAUSE THE MATERIAL TO BE DISPOSED OF IN WHICHEVER OF THE MANNERS LISTED IN DIVISION (B)(3) OF SECTION 5120.427 OF THE REVISED CODE THE DIRECTOR CONSIDERS TO BE MOST APPROPRIATE UNDER THE CIRCUMSTANCES. THE DIRECTOR SHALL RETAIN A COPY OF THE FINAL DETERMINATION IN THE RECORDS OF THE DEPARTMENT OF REHABILITATION AND CORRECTION AND ALSO SHALL CAUSE A COPY OF THE FINAL DETERMINATION TO BE DELIVERED TO THE HEADS OF OTHER STATE CORRECTIONAL INSTITUTIONS TO BE USED AS PRECEDENT IN MAKING FUTURE DETERMINATIONS UNDER DIVISION (A) OF THIS SECTION.

Sec. 5120.429. (A)(1) IN ADDITION TO PRISONER APPEALS UNDER DIVISION (B) OF SECTION 5120.428 OF THE REVISED CODE, WITHIN TWENTY WORKING DAYS AFTER RECEIVING A REQUEST FROM THE DIRECTOR OF REHABILITATION AND CORRECTION, THE HEAD OF A STATE CORRECTIONAL INSTITUTION, OR A HEAD'S DESIGNEE, THE PUBLICATION SCREENING COMMITTEE SHALL DO ALL OF THE FOLLOWING:

(a) REVIEW ANY MATERIAL THAT THE DIRECTOR, HEAD OF THE INSTITUTION, OR DESIGNEE SUBMITS;

(b) PREPARE A WRITTEN ADVISORY OPINION AS TO WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, OR ANOTHER TYPE OF MATERIAL;

(c) SUBMIT THE WRITTEN ADVISORY OPINION TO THE DIRECTOR.

(2) THE COMMITTEE SHALL NOT DETERMINE UNDER DIVISION (A)(1) OF THIS SECTION THAT A MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE.

(B) AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE PUBLICATION SCREENING COMMITTEE'S ADVISORY OPINION UNDER DIVISION (A) OF THIS SECTION, THE DIRECTOR SHALL REVIEW THE MATERIAL, CONSIDER THE ADVISORY OPINION, AND RENDER A WRITTEN DETERMINATION AS TO WHETHER THE MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL, A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, OR ANOTHER TYPE OF MATERIAL. THE DIRECTOR SHALL NOT DETERMINE THE MATERIAL TO BE A PROHIBITED INFLAMMATORY MATERIAL SOLELY ON THE BASIS OF ITS APPEAL TO A PARTICULAR ETHNIC, RACIAL, OR RELIGIOUS AUDIENCE. THE DIRECTOR SHALL CAUSE A COPY OF THE WRITTEN DETERMINATION TO BE DELIVERED TO THE HEADS OF ALL STATE CORRECTIONAL INSTITUTIONS TO BE USED AS PRECEDENT IN MAKING FUTURE DETERMINATIONS UNDER DIVISION (A) OF SECTION 5120.428 OF THE REVISED CODE.