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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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