To enact sections 5120.425, 5120.426, 5120.427, and 5120.428 of the Revised Code to regulate 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 5120.428 OF THE REVISED CODE:

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

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

(C) "MATERIAL" MEANS A PRERECORDED MAGNETIC AUDIO OR VIDEO TAPE, BOOK, DRAWING, MAGAZINE, NEWSPAPER, PAMPHLET, POSTER, PRINT, PHOTOGRAPH, OR OTHER SIMILAR PRINTED, WRITTEN, RECORDED, OR OTHERWISE PRODUCED ITEM.

(D) "PROHIBITED INFLAMMATORY MATERIAL" MEANS A MATERIAL THAT, IN THE DETERMINATION OF THE HEAD OF A STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE, IS DETRIMENTAL TO, OR POSES A THREAT TO, THE REHABILITATION OF THE INMATES OR THE SECURITY, GOOD ORDER, OR DISCIPLINE WITHIN OR ON THE GROUNDS OF THE INSTITUTION.

(E) "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, MEETS THE STANDARD FOR OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL ADOPTED BY THE DIRECTOR OF REHABILITATION AND CORRECTION PURSUANT TO DIVISION (B) OF SECTION 5120.426 of the Revised Code.

(F) "PUBLICATION REVIEW COMMITTEE" MEANS THE COMMITTEE CREATED BY THE DIRECTOR OF REHABILITATION AND CORRECTION PURSUANT TO DIVISION (C) OF SECTION 5120.426 OF THE REVISED CODE.

Sec. 5120.426. (A) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL ADOPT RULES AND THE HEAD OF A STATE CORRECTIONAL INSTITUTION SHALL ADOPT REGULATIONS THAT GOVERN THE FORM, MEDIUM, AND QUANTITY OF MATERIALS THAT EACH PRISONER CONFINED IN THE INSTITUTION IS PERMITTED TO RECEIVE AND RETAIN. THOSE RULES AND REGULATIONS SHALL BE CONSISTENT WITH SECTIONS 5120.425 TO 5120.428 OF THE REVISED CODE. THE REGULATIONS ADOPTED BY THE HEAD OF AN INSTITUTION SHALL BE CONSISTENT WITH THE RULES THAT THE DIRECTOR OF REHABILITATION AND CORRECTION ADOPTS PURSUANT TO THIS DIVISION.

THE HEAD OF A STATE CORRECTIONAL INSTITUTION SHALL FORWARD PROPOSED REGULATIONS THAT THE HEAD OF THE INSTITUTION WISHES TO ADOPT 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 ADOPT THE REGULATIONS, SHALL POST THEM IN APPROPRIATE LOCATIONS THROUGHOUT THE INSTITUTION, AND SHALL IMPLEMENT THEM.

(B) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL ADOPT A RULE ESTABLISHING A STANDARD FOR DETERMINING WHETHER MATERIAL IS OBSCENE OR IS OTHER SEXUALLY ORIENTED MATERIAL. THE STANDARD FOR DETERMINING WHETHER MATERIAL IS OBSCENE SHALL COMPORT WITH THE STANDARD FOR DETERMINING OBSCENITY ESTABLISHED BY THE UNITED STATES SUPREME COURT. IN ESTABLISHING THE STANDARD FOR DETERMINING WHETHER MATERIAL IS SEXUALLY ORIENTED MATERIAL, THE DIRECTOR SHALL CONSIDER THE STANDARD ESTABLISHED FOR MATERIAL THAT IS HARMFUL TO JUVENILES IN SECTION 2907.01 of the Revised Code, BUT THE DIRECTOR SHALL NOT BE GOVERNED OR LIMITED BY THAT STANDARD.

(C) THE DIRECTOR OF REHABILITATION AND CORRECTION SHALL APPOINT A PUBLICATION REVIEW COMMITTEE OF ONE OR MORE PERSONS. THE MEMBER OR MEMBERS OF THE COMMITTEE SHALL REVIEW WITHHOLDING DETERMINATIONS PURSUANT TO SECTION 5120.428 of the Revised Code.

Sec. 5120.427. (A) 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, EACH PRISONER ALSO MAY RECEIVE A REASONABLE NUMBER OF MATERIALS FROM A SOURCE OTHER THAN THE PUBLISHER OR OTHER DISTRIBUTOR OF THOSE MATERIALS.

A PRISONER'S RECEIPT AND RETENTION OF MATERIALS IS SUBJECT TO SECURITY INSPECTIONS CONDUCTED BY THE INSTITUTION IN WHICH THE PRISONER IS CONFINED AND TO THE RULES ADOPTED 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 PUBLICATION REVIEW COMMITTEE FOLLOWING A REVIEW PURSUANT TO SECTION 5120.428 OF THE REVISED CODE, A PRISONER IS NOT ENTITLED TO RECEIVE OR RETAIN ANY MATERIAL THAT THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE DETERMINES DURING THE COURSE OF A SECURITY INSPECTION TO BE A PROHIBITED INFLAMMATORY MATERIAL OR A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL.

(B)(1) THE HEAD OF EACH STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE SHALL INSPECT 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 HEAD OF THE STATE CORRECTIONAL 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.

(2) IF THE HEAD OF THE STATE CORRECTIONAL INSTITUTION OR THE HEAD'S DESIGNEE DETERMINES THAT AN INCOMING 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 MATERIAL TO BE PROMPTLY FORWARDED TO THE PRISONER WHO IS ITS INTENDED RECIPIENT. IF THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE DETERMINES THAT AN INCOMING 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 CAUSE THE MATERIAL TO BE WITHHELD FROM THE PRISONER WHO IS ITS INTENDED RECIPIENT AND PROMPTLY SHALL PROVIDE THAT PRISONER WITH A WRITTEN WITHHOLDING 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 PUBLICATION REVIEW COMMITTEE REVIEW THE WITHHOLDING DECISION OF THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE.

(3) WITHIN FIVE WORKING DAYS AFTER A PRISONER'S RECEIPT OF THE WITHHOLDING 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 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 WITHHOLDING DECISION, AND THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE SHALL CAUSE THE MATERIAL TO BE DISPOSED OF IN THE MANNER THAT THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE CONSIDERS TO BE MOST APPROPRIATE UNDER THE CIRCUMSTANCES.

Sec. 5120.428. (A) 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 PROMPTLY SHALL FORWARD THE WITHHELD MATERIAL TO THE PUBLICATION REVIEW COMMITTEE. AS SOON AS IS PRACTICABLE AFTER RECEIPT OF THE WITHHELD MATERIAL OR, IF POSSIBLE, WITHIN FIVE WORKING DAYS AFTER THAT RECEIPT, THE PUBLICATION REVIEW COMMITTEE SHALL REVIEW 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 PUBLICATION REVIEW COMMITTEE MAY CONDUCT A HEARING AND MAY PERMIT THE PRISONER WHO REQUESTED THE REVIEW TO BE PRESENT AT THE HEARING AND TO PRESENT OBJECTIONS TO THE DECISION OF THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE TO WITHHOLD THE MATERIAL.

(B) IF THE PUBLICATION REVIEW COMMITTEE DETERMINES THAT THE WITHHELD MATERIAL IS NOT A PROHIBITED INFLAMMATORY MATERIAL AND IS NOT A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE COMMITTEE SHALL CAUSE THE WITHHELD MATERIAL TO BE PROMPTLY FORWARDED TO THE PRISONER WHO REQUESTED THE REVIEW.

(C) IF THE PUBLICATION REVIEW COMMITTEE DETERMINES THAT THE WITHHELD MATERIAL IS A PROHIBITED INFLAMMATORY MATERIAL OR A PROHIBITED OBSCENE OR OTHER SEXUALLY ORIENTED MATERIAL, THE COMMITTEE SHALL FORWARD THE MATERIAL TO THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE FOR DISPOSAL IN THE MANNER THAT THE HEAD OF THE INSTITUTION OR THE HEAD'S DESIGNEE CONSIDERS TO BE MOST APPROPRIATE UNDER THE CIRCUMSTANCES.