130th Ohio General Assembly
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As Reported by House Children and Family Services Committee

123rd General Assembly
Regular Session
1999-2000
Sub. H. B. No. 661

REPRESENTATIVES WINKLER-ALLEN-BARRETT-BRITTON-CLANCY- HOLLISTER-MOTTLEY-O'BRIEN-PATTON-ROBINSON-ROMAN-SALERNO- SULLIVAN-VAN VYVEN-SMITH-BOYD


A BILL
To enact sections 5120.65, 5120.651, 5120.652, 5120.653, 5120.654, 5120.655, 5120.656, 5120.657, and 5120.658 of the Revised Code to permit the Department of Rehabilitation and Correction to establish a prison nursery program permitting certain incarcerated women and the children born to them while incarcerated to reside together in an institution operated by the Department.

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


Section 1. That sections 5120.65, 5120.651, 5120.652, 5120.653, 5120.654, 5120.655, 5120.656, 5120.657, and 5120.658 of the Revised Code be enacted to read as follows:

Sec. 5120.65. THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY ESTABLISH IN ONE OR MORE OF THE INSTITUTIONS FOR WOMEN OPERATED BY THE DEPARTMENT A PRISON NURSERY PROGRAM UNDER WHICH ELIGIBLE INMATES AND CHILDREN BORN TO THEM WHILE IN THE CUSTODY OF THE DEPARTMENT MAY RESIDE TOGETHER IN THE INSTITUTION.

Sec. 5120.651. AN INMATE IS ELIGIBLE TO PARTICIPATE IN THE PRISON NURSERY PROGRAM IF SHE IS PREGNANT AT THE TIME SHE IS DELIVERED INTO THE CUSTODY OF THE DEPARTMENT OF REHABILITATION AND CORRECTION, GIVES BIRTH ON OR AFTER THE DATE THE PROGRAM IS IMPLEMENTED, IS SUBJECT TO A SENTENCE OF IMPRISONMENT OF NOT MORE THAN EIGHTEEN MONTHS, AND SHE AND THE CHILD MEET ANY OTHER CRITERIA ESTABLISHED BY THE DEPARTMENT.

Sec. 5120.652. TO PARTICIPATE IN THE PRISON NURSERY PROGRAM, EACH ELIGIBLE INMATE SELECTED BY THE DEPARTMENT SHALL DO ALL THE FOLLOWING:

(A) AGREE IN WRITING TO DO ALL THE FOLLOWING:

(1) COMPLY WITH ANY PROGRAM, EDUCATIONAL, COUNSELING, AND OTHER REQUIREMENTS ESTABLISHED FOR THE PROGRAM BY THE DEPARTMENT OF REHABILITATION AND CORRECTION;

(2) IF ELIGIBLE, HAVE THE CHILD PARTICIPATE IN THE MEDICAID PROGRAM OR A HEALTH INSURANCE PROGRAM;

(3) ACCEPT THE NORMAL RISKS OF CHILD-REARING;

(4) RELEASE THE DEPARTMENT AND ITS EMPLOYEES FROM LIABILITY FOR ANY INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY RESULTING FROM PARTICIPATION IN THE PROGRAM;

(5) ABIDE BY ANY COURT DECISIONS REGARDING THE ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE CHILD.

(B) ASSIGN TO THE DEPARTMENT ANY RIGHTS TO SUPPORT FROM ANY OTHER PERSON, EXCLUDING SUPPORT ASSIGNED PURSUANT TO SECTION 5107.20 OF THE REVISED CODE AND MEDICAL SUPPORT ASSIGNED PURSUANT TO SECTION 5101.59 OF THE REVISED CODE;

(C) SPECIFY WITH WHOM THE CHILD IS TO BE PLACED IN THE EVENT THE INMATE'S PARTICIPATION IN THE PROGRAM IS TERMINATED FOR A REASON OTHER THAN RELEASE FROM IMPRISONMENT.

Sec. 5120.653. AN INMATE'S PARTICIPATION IN THE PRISON NURSERY PROGRAM MAY BE TERMINATED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION IF ONE OF THE FOLLOWING OCCURS:

(A) THE INMATE FAILS TO COMPLY WITH THE AGREEMENT ENTERED INTO UNDER DIVISION (A) OF SECTION 5120.652 OF THE REVISED CODE.

(B) THE INMATE'S CHILD BECOMES SERIOUSLY ILL, CANNOT MEET MEDICAL CRITERIA ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE PROGRAM, OR OTHERWISE CANNOT SAFELY PARTICIPATE IN THE PROGRAM.

(C) AN ACTION IS BROUGHT TO DESIGNATE A PERSON OTHER THAN THE INMATE AS THE CHILD'S RESIDENTIAL PARENT AND LEGAL CUSTODIAN.

(D) AN ACTION IS BROUGHT PURSUANT TO DIVISION (A)(2) OF SECTION 2151.23 OF THE REVISED CODE TO GRANT CUSTODY OF THE CHILD TO A PERSON OTHER THAN THE INMATE.

(E) AN ORDER IS ISSUED PURSUANT TO SECTION 3109.04 OF THE REVISED CODE GRANTING SHARED PARENTING OF THE CHILD.

(F) AN ORDER OF DISPOSITION REGARDING THE CHILD IS ISSUED PURSUANT TO DIVISION (A)(2), (3), OR (4) OF SECTION 2151.353 OF THE REVISED CODE GRANTING TEMPORARY, PERMANENT, OR LEGAL CUSTODY OF THE CHILD TO A PERSON, OTHER THAN THE INMATE, OR TO A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY;

(G) THE INMATE IS RELEASED FROM IMPRISONMENT.

Sec. 5120.654. (A) FOR PURPOSES OF THIS SECTION, "PUBLIC ASSISTANCE" HAS THE SAME MEANING AS IN SECTION 5101.58 OF THE REVISED CODE.

(B) THE RIGHTS TO SUPPORT ASSIGNED BY AN INMATE PURSUANT TO SECTION 5120.652 OF THE REVISED CODE CONSTITUTE AN OBLIGATION OF THE PERSON WHO IS RESPONSIBLE FOR PROVIDING THE SUPPORT TO THE DEPARTMENT OF REHABILITATION AND CORRECTION FOR THE SUPPORT PROVIDED THE INMATE AND CHILD PURSUANT TO THE PRISON NURSERY PROGRAM. THE DIVISION OF CHILD SUPPORT IN THE DEPARTMENT OF JOB AND FAMILY SERVICES SHALL COLLECT SUPPORT PAYMENTS MADE PURSUANT TO THE ASSIGNMENT AND FORWARD THEM TO THE DEPARTMENT OF REHABILITATION AND CORRECTION.

(C) THE DEPARTMENT OF REHABILITATION AND CORRECTION MAY RECEIVE THE FOLLOWING:

(1) MONEY THAT IS ASSIGNED OR DONATED ON BEHALF OF, AND PUBLIC ASSISTANCE PROVIDED TO, A SPECIFIC INMATE OR CHILD PARTICIPATING IN THE PRISON NURSERY PROGRAM;

(2) MONEY ASSIGNED OR DONATED TO ESTABLISH AND MAINTAIN THE PRISON NURSERY PROGRAM.

(D) THE AMOUNTS DESCRIBED IN DIVISION (C)(1) OF THIS SECTION SHALL BE PLACED IN THE INDIVIDUAL NURSERY ACCOUNT CREATED AND MAINTAINED UNDER SECTION 5120.655 OF THE REVISED CODE FOR THE INMATE AND CHILD FOR WHOM THE MONEY WAS RECEIVED. THE MONEY DESCRIBED IN DIVISION (C)(2) OF THIS SECTION SHALL BE DEPOSITED IN THE APPROPRIATE PRISON NURSERY PROGRAM FUND.

Sec. 5120.655. THE MANAGING OFFICER OF EACH INSTITUTION IN WHICH A PRISON NURSERY PROGRAM IS ESTABLISHED PURSUANT TO SECTION 5120.65 of the Revised Code SHALL DO THE FOLLOWING:

(A) CREATE AND MAINTAIN A PRISON NURSERY PROGRAM FUND TO PAY EXPENSES ASSOCIATED WITH THE PRISON NURSERY PROGRAM;

(B) CREATE AND MAINTAIN AN INDIVIDUAL NURSERY ACCOUNT FOR EACH INMATE PARTICIPATING IN THE PRISON NURSERY PROGRAM AT THE INSTITUTION TO HELP PAY FOR THE SUPPORT PROVIDED TO THE INMATE AND CHILD PURSUANT TO THE PROGRAM.

Sec. 5120.656. NOTWITHSTANDING ANY OTHER PROVISION OF THE REVISED CODE, NEITHER THE PRISON NURSERY PROGRAM NOR THE DEPARTMENT OF REHABILITATION AND CORRECTION, WITH RESPECT TO THE PROGRAM, IS SUBJECT TO ANY REGULATION, LICENSING, OR OVERSIGHT BY THE DEPARTMENT OF JOB AND FAMILY SERVICES UNLESS THE DEPARTMENTS AGREE TO VOLUNTARY REGULATION, LICENSING, OR OVERSIGHT BY THE DEPARTMENT OF JOB AND FAMILY SERVICES.

Sec. 5120.657. IF THE DEPARTMENT OF REHABILITATION AND CORRECTION ESTABLISHES THE PRISON NURSERY PROGRAM, IT SHALL, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT RULES THAT ESTABLISH REQUIREMENTS NECESSARY AND APPROPRIATE TO THE ESTABLISHMENT, IMPLEMENTATION, AND OPERATION OF THE PROGRAM. THE DEPARTMENT SHALL ADOPT THE RULES PRIOR TO IMPLEMENTING THE PROGRAM.

Sec. 5120.658. AS USED IN SECTIONS 5120.652 AND 5120.654 OF THE REVISED CODE, "SUPPORT" HAS THE SAME MEANING AS IN SECTION 3113.21 OF THE REVISED CODE.

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