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As Passed by the Senate
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-JONES-BENDER-ROBERTS-
R. MILLER-MEAD-TERWILLEGER-BRADING-FORD
A BILL
To amend sections 311.29, 2921.01, and 5149.03 and to enact sections 5120.64,
5120.65, 5120.651, 5120.652, 5120.653, 5120.654, 5120.655,
5120.656, and 5120.657 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; to
specifically authorize county sheriffs and the Adult Parole
Authority to contract with any private person or entity, subject
to specified criteria, for the return of Ohio prisoners from
outside of Ohio into Ohio; and to specifically include within the
definition of "detention" a prisoner's confinement in any vehicle,
airplane, or place while being returned to Ohio under such a
contract.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 311.29, 2921.01, and 5149.03 be amended and sections
5120.64, 5120.65, 5120.651, 5120.652, 5120.653, 5120.654,
5120.655, 5120.656, and 5120.657 of the Revised Code be enacted to
read as follows:
Sec. 311.29. (A) As used in this section, "Chautauqua
assembly" has the same meaning as in section 4511.90 of the
Revised Code.
(B) The sheriff may, from time to time, enter into
contracts with any municipal corporation, township, township
police district, metropolitan housing authority, port authority,
water or sewer district, school district, library district,
health district, park district created pursuant to section 511.18
or 1545.01 of the Revised Code, soil and water conservation
district, water conservancy district, or other taxing district or
with the board of county commissioners of any contiguous county
with the concurrence of the sheriff of the other county, and such
subdivisions, authorities, and counties may enter into agreements
with the sheriff pursuant to which the sheriff undertakes and is
authorized by the contracting subdivision, authority, or county
to perform any police function, exercise any police power, or
render any police service in behalf of the contracting
subdivision, authority, or county, or its legislative authority,
that the subdivision, authority, or county, or its legislative
authority, may perform, exercise, or render.
Upon the execution of an agreement under this division and
within the limitations prescribed by it, the sheriff may exercise
the same powers as the contracting subdivision, authority, or
county possesses with respect to such policing that by the
agreement the sheriff undertakes to perform or render, and all
powers necessary or incidental thereto, as amply as such powers
are possessed and exercised by the contracting subdivision,
authority, or county directly.
Any agreement authorized by DIVISION (A), (B), OR
(C) OF this section shall not suspend
the possession by a contracting subdivision, authority, or county
of any police power performed or exercised or police service
rendered in pursuance to the agreement nor limit the authority of
the sheriff.
(C) The sheriff may enter into contracts with any
Chautauqua assembly that has grounds located within the county,
and the Chautauqua assembly may enter into agreements with the
sheriff pursuant to which the sheriff undertakes to perform any
police function, exercise any police power, or render any police
service upon the grounds of the Chautauqua assembly that the
sheriff is authorized by law to perform, exercise, or render in
any other part of the county within his THE SHERIFF'S
territorial jurisdiction.
Upon the execution of an agreement under this division, the
sheriff may, within the limitations prescribed by the agreement,
exercise such powers with respect to such policing upon the
grounds of the Chautauqua assembly, provided that any limitation
contained in the agreement shall not be construed to limit the
authority of the sheriff.
(D) Contracts entered into under DIVISION (A), (B), OR
(C) OF this section shall
provide for the reimbursement of the county for the costs
incurred by the sheriff for such policing including, but not
limited to, the salaries of deputy sheriffs assigned to such
policing, the current costs of funding retirement pensions and of
providing workers' compensation, the cost of training, and the
cost of equipment and supplies used in such policing, to the
extent that such equipment and supplies are not directly
furnished by the contracting subdivision, authority, county, or
Chautauqua assembly. Each SUCH contract shall provide for the
ascertainment of such costs and shall be of any duration, not in
excess of four years, and may contain any other terms that may be
agreed upon. All payments pursuant to any such contract in
reimbursement of the costs of such policing shall be made to the
treasurer of the county to be credited to a special fund to be
known as the "sheriff's policing revolving fund," hereby created.
Any moneys coming into the fund shall be used for the purposes
provided in DIVISIONS (A) TO (D) OF this section and
paid out on vouchers by the county
commissioners as other funds coming into their possession. Any
moneys credited to the fund and not obligated at the termination
of the contract shall be credited to the county general fund.
The sheriff shall assign the number of deputies as may be
provided for in any contract made pursuant to DIVISION (A),
(B), OR (C) OF this section. The
number of deputies regularly assigned to such policing shall be
in addition to and an enlargement of the sheriff's regular number
of deputies. Nothing in DIVISIONS (A) TO (D) OF this
section shall preclude the sheriff
from temporarily increasing or decreasing the deputies so
assigned as emergencies indicate a need for shifting assignments
to the extent provided by the contracts.
All such deputies shall have the same powers and duties,
the same qualifications, and be appointed and paid and receive
the same benefits and provisions and be governed by the same laws
as all other deputy sheriffs.
Such contracts CONTRACTS UNDER DIVISION (A), (B),
OR (C) OF THIS SECTION may be entered into jointly with the board
of county commissioners, and sections 307.14 to 307.19 of the
Revised Code apply to this section insofar as they may be
applicable.
(E)(1) AS USED IN DIVISION (E) OF THIS SECTION:
(a) "OHIO PRISONER" HAS THE SAME MEANING AS IN SECTION
5120.64 of the Revised Code.
(b) "OUT-OF-STATE PRISONER" AND "PRIVATE CONTRACTOR" HAVE
THE
SAME MEANINGS AS IN SECTION 9.07 of the Revised Code.
(2) THE SHERIFF MAY ENTER INTO A CONTRACT WITH A PRIVATE PERSON OR
ENTITY FOR THE RETURN OF OHIO PRISONERS WHO ARE THE RESPONSIBILITY
OF THE SHERIFF FROM OUTSIDE OF THIS STATE TO A LOCATION IN THIS STATE
SPECIFIED BY THE SHERIFF, IF THERE ARE
ADEQUATE FUNDS APPROPRIATED BY THE BOARD OF COUNTY COMMISSIONERS
AND THERE IS A CERTIFICATION PURSUANT TO DIVISION (D) OF SECTION
5705.41 of the Revised Code THAT THE FUNDS ARE AVAILABLE FOR THIS
PURPOSE. A CONTRACT ENTERED INTO UNDER THIS DIVISION IS WITHIN
THE COVERAGE OF SECTION 325.07 OF THE REVISED CODE. IF A
SHERIFF
ENTERS INTO A CONTRACT AS DESCRIBED IN THIS DIVISION, SUBJECT TO DIVISION
(E)(3) OF THIS SECTION, THE PRIVATE PERSON OR ENTITY IN
ACCORDANCE WITH THE CONTRACT MAY RETURN OHIO PRISONERS FROM
OUTSIDE OF THIS STATE TO LOCATIONS IN THIS STATE SPECIFIED BY THE SHERIFF. A
CONTRACT ENTERED INTO
UNDER THIS DIVISION SHALL INCLUDE ALL OF THE FOLLOWING:
(a) SPECIFIC PROVISIONS THAT ASSIGN THE RESPONSIBILITY FOR
COSTS
RELATED TO MEDICAL CARE OF PRISONERS WHILE THEY ARE BEING RETURNED THAT IS NOT
COVERED BY INSURANCE OF THE PRIVATE
PERSON OR ENTITY;
(b) SPECIFIC PROVISIONS THAT SET FORTH THE NUMBER OF DAYS,
NOT
EXCEEDING TEN, WITHIN WHICH THE PRIVATE PERSON OR ENTITY, AFTER IT RECEIVES
THE PRISONER IN THE OTHER STATE, MUST
DELIVER THE PRISONER TO THE LOCATION IN THIS STATE SPECIFIED BY
THE SHERIFF, SUBJECT TO THE EXCEPTIONS ADOPTED AS DESCRIBED IN
DIVISION (E)(2)(c) OF THIS SECTION;
(c) ANY EXCEPTIONS TO THE SPECIFIED NUMBER OF DAYS FOR
DELIVERY
SPECIFIED AS DESCRIBED IN DIVISION (E)(2)(b) OF THIS
SECTION;
(d) A REQUIREMENT THAT THE PRIVATE PERSON OR ENTITY
IMMEDIATELY
REPORT ALL ESCAPES OF PRISONERS WHO ARE BEING RETURNED TO THIS STATE, AND THE
APPREHENSION OF ALL PRISONERS WHO ARE BEING RETURNED AND WHO HAVE ESCAPED,
TO THE SHERIFF AND TO THE LOCAL LAW ENFORCEMENT AGENCY OF THIS
STATE OR ANOTHER STATE THAT HAS JURISDICTION OVER THE PLACE AT
WHICH THE ESCAPE OCCURS;
(e) A SCHEDULE OF FINES THAT THE SHERIFF SHALL IMPOSE
UPON THE PRIVATE
PERSON OR ENTITY IF THE PRIVATE PERSON OR ENTITY FAILS TO PERFORM ITS
CONTRACTUAL DUTIES, AND A REQUIREMENT THAT, IF THE PRIVATE PERSON
OR ENTITY FAILS TO PERFORM ITS CONTRACTUAL DUTIES, THE SHERIFF
SHALL IMPOSE A FINE ON THE PRIVATE PERSON OR ENTITY FROM THE
SCHEDULE OF FINES AND, IN ADDITION, MAY EXERCISE ANY OTHER RIGHTS
THE SHERIFF HAS UNDER THE CONTRACT.
(f) IF THE CONTRACT IS ENTERED INTO ON OR AFTER THE
EFFECTIVE
DATE OF THE RULES ADOPTED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION UNDER SECTION 5120.64 of the Revised Code,
SPECIFIC PROVISIONS THAT COMPORT WITH ALL APPLICABLE STANDARDS THAT ARE
CONTAINED IN THOSE RULES.
(3) IF THE PRIVATE PERSON OR
ENTITY THAT ENTERS INTO THE CONTRACT FAILS TO PERFORM ITS
CONTRACTUAL DUTIES, THE SHERIFF SHALL IMPOSE UPON THE PRIVATE
PERSON OR ENTITY A FINE FROM THE SCHEDULE, THE MONEY PAID IN
SATISFACTION OF THE FINE SHALL BE PAID INTO THE COUNTY TREASURY,
AND THE SHERIFF MAY EXERCISE ANY OTHER RIGHTS THE SHERIFF HAS
UNDER THE CONTRACT. IF A FINE IS IMPOSED UNDER THIS DIVISION, THE
SHERIFF MAY REDUCE THE PAYMENT OWED TO THE PRIVATE PERSON OR
ENTITY PURSUANT TO ANY INVOICE IN THE AMOUNT OF THE FINE.
(4) UPON THE EFFECTIVE DATE OF THE RULES ADOPTED BY THE
DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 5120.64 of the Revised Code,
NOTWITHSTANDING THE EXISTENCE OF A CONTRACT ENTERED
INTO UNDER DIVISION (E)(2) OF THIS SECTION, IN NO CASE SHALL THE
PRIVATE PERSON OR ENTITY THAT IS A PARTY TO THE CONTRACT RETURN
OHIO PRISONERS FROM OUTSIDE OF
THIS STATE INTO THIS STATE FOR A SHERIFF UNLESS THE PRIVATE PERSON
OR ENTITY COMPLIES WITH ALL APPLICABLE STANDARDS THAT ARE
CONTAINED IN THE RULES.
(5) DIVISIONS (E)(1) TO (4) OF THIS SECTION DO NOT APPLY
REGARDING ANY OUT-OF-STATE PRISONER WHO IS BROUGHT INTO THIS STATE TO BE
HOUSED PURSUANT TO SECTION 9.07 of the Revised Code IN A
CORRECTIONAL FACILITY IN THIS STATE THAT IS MANAGED AND OPERATED BY A
PRIVATE CONTRACTOR.
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; OR CONFINEMENT IN ANY VEHICLE, AIRPLANE,
OR PLACE WHILE BEING RETURNED FROM OUTSIDE OF THIS STATE INTO THIS STATE BY A
PRIVATE PERSON OR ENTITY PURSUANT TO A CONTRACT ENTERED INTO UNDER DIVISION
(E) OF SECTION 311.29 of the Revised Code OR DIVISION (B) OF SECTION
5149.03 of the Revised Code. 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,"
"political party," and "political contributing entity"
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. 5120.64. (A) AS USED IN THIS SECTION:
(1) "OHIO PRISONER" MEANS A PERSON WHO IS CHARGED WITH OR
CONVICTED OF A CRIME IN THIS STATE OR WHO IS ALLEGED OR FOUND TO BE A
DELINQUENT CHILD IN THIS STATE.
(2) "OUT-OF-STATE PRISONER" AND "PRIVATE CONTRACTOR" HAVE THE
SAME MEANINGS AS IN SECTION 9.07 of the Revised Code.
(B) NOT LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT OF REHABILITATION AND CORRECTION, IN CONSULTATION WITH
THE ATTORNEY GENERAL, THE COUNTY COMMISSIONERS
ASSOCIATION OF OHIO, AND THE BUCKEYE STATE SHERIFFS ASSOCIATION,
SHALL ADOPT RULES UNDER CHAPTER 119. of the Revised Code REGARDING
THE RETURN OF OHIO PRISONERS FROM OUTSIDE OF THIS STATE INTO THIS
STATE BY A PRIVATE PERSON OR ENTITY PURSUANT TO A CONTRACT ENTERED INTO WITH A
SHERIFF UNDER
AUTHORITY OF DIVISION (E) OF SECTION 311.29 of the Revised Code OR
THE ADULT PAROLE AUTHORITY UNDER AUTHORITY OF DIVISION (B) OF
SECTION 5149.03 OF THE REVISED CODE. THE RULES SHALL
ESTABLISH
ALL OF THE FOLLOWING:
(1) STANDARDS THAT SPECIFY REQUIRED TRAINING OF OFFICERS AND
EMPLOYEES OF THE PRIVATE PERSON OR ENTITY THAT ACTUALLY ENGAGE IN
THE RETURN OF THE PRISONERS, INCLUDING STANDARDS RELATED TO THE
LENGTH AND NATURE OF THE TRAINING;
(2) PHYSICAL STANDARDS FOR VEHICLES USED IN THE RETURN OF THE
PRISONERS;
(3) STANDARDS THAT GOVERN THE RESPONSIBILITY OF THE PRIVATE
PERSON OR ENTITY TO DO ONE OR MORE OF THE FOLLOWING:
(a) PROVIDE AN ADEQUATE POLICY OF LIABILITY INSURANCE TO COVER
ALL INJURIES, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ARISE FROM OR IS
RELATED TO ITS RETURN OF THE PRISONERS;
(b) INDEMNIFY AND HOLD HARMLESS THE SHERIFF, THE COUNTY,
AND ALL
COUNTY OFFICERS AND EMPLOYEES REGARDING A CONTRACT FOR THE RETURN OF
PRISONERS ENTERED INTO UNDER DIVISION (E) OF SECTION 311.29
of the Revised Code OR THE DEPARTMENT OF REHABILITATION AND
CORRECTION AND ALL STATE OFFICERS AND EMPLOYEES REGARDING A CONTRACT FOR
THE RETURN OF PRISONERS ENTERED INTO UNDER DIVISION (B) OF
SECTION 5149.03 OF THE REVISED CODE;
(c) FILE A PERFORMANCE BOND OR OTHER SURETY TO GUARANTEE
PERFORMANCE.
(4) STANDARDS REQUIRING THE PRIVATE PERSON OR ENTITY TO HAVE
CRIMINAL RECORDS CHECKS AND PRE-EMPLOYMENT DRUG TESTING PERFORMED FOR
OFFICERS AND EMPLOYEES OF THE PRIVATE PERSON OR ENTITY THAT ACTUALLY
ENGAGE IN THE RETURN OF THE PRISONERS AND TO HAVE A RANDOM
DRUG-SCREENING POLICY AND BE ABLE TO DOCUMENT COMPLIANCE WITH THE
POLICY;
(5) STANDARDS REQUIRING THE PRIVATE PERSON OR ENTITY TO HAVE
TWENTY-FOUR-HOUR OPERATIONS STAFF TO CONSTANTLY MONITOR ACTIVITIES IN
THE FIELD AND TO HAVE ON-BOARD, CONSTANT COMMUNICATION ABILITY WITH
VEHICLES IN THE FIELD;
(6) STANDARDS REQUIRING THE OFFICERS AND EMPLOYEES OF THE PRIVATE
PERSON OR ENTITY THAT ACTUALLY ENGAGE IN THE RETURN OF THE PRISONERS TO
BE CPR AND FIRST-AID CERTIFIED.
(C) UPON THE EFFECTIVE DATE OF THE RULES ADOPTED UNDER DIVISION
(B) OF THIS SECTION, IN NO CASE SHALL A PRIVATE
PERSON OR ENTITY RETURN OHIO PRISONERS FROM OUTSIDE OF THIS STATE
INTO THIS STATE FOR A SHERIFF OR FOR THE ADULT PAROLE AUTHORITY UNLESS THE
PRIVATE PERSON OR ENTITY
COMPLIES WITH ALL APPLICABLE STANDARDS THAT ARE CONTAINED IN THE
RULES.
(D) THIS SECTION DOES NOT APPLY REGARDING ANY OUT-OF-STATE
PRISONER WHO IS BROUGHT INTO THIS STATE TO BE HOUSED PURSUANT TO SECTION
9.07 of the Revised Code IN A CORRECTIONAL FACILITY IN THIS
STATE THAT IS MANAGED AND OPERATED BY A PRIVATE CONTRACTOR.
Sec. 5120.65. (A) 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.
IF THE DEPARTMENT
ESTABLISHES A PRISON NURSERY PROGRAM IN ONE OR MORE INSTITUTIONS UNDER
THIS SECTION, SECTIONS 5120.651 TO 5120.657 of the Revised Code
APPLY REGARDING THE PROGRAM. IF THE DEPARTMENT ESTABLISHES A PRISON NURSERY
PROGRAM AND AN INMATE PARTICIPATES IN THE PROGRAM, NEITHER THE INMATE'S
PARTICIPATION IN THE PROGRAM NOR ANY PROVISION OF SECTIONS 5120.65 TO 5120.658
of the Revised Code AFFECTS, MODIFIES, OR INTERFERES WITH THE INMATE'S CUSTODIAL RIGHTS OF
THE CHILD OR ESTABLISHES LEGAL CUSTODY OF THE CHILD WITH THE DEPARTMENT.
(B) AS USED IN SECTIONS 5120.651 TO 5120.657 of the Revised Code:
(1) "PRISON NURSERY PROGRAM" MEANS THE PRISON NURSERY PROGRAM
ESTABLISHED BY THE DEPARTMENT OF REHABILITATION AND CORRECTION UNDER
THIS SECTION, IF ONE IS SO ESTABLISHED.
(2) "PUBLIC ASSISTANCE" HAS THE SAME MEANING AS IN SECTION
5101.58 of the Revised Code.
(3) "SUPPORT" HAS THE SAME MEANING AS IN SECTION 3113.21 of the Revised Code.
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,
SHE GIVES BIRTH ON OR AFTER THE DATE THE PROGRAM IS IMPLEMENTED, SHE 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 CHILDREARING;
(4) 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) A COURT ISSUES AN ORDER THAT DESIGNATES A PERSON OTHER THAN
THE
INMATE AS THE CHILD'S RESIDENTIAL PARENT AND LEGAL CUSTODIAN.
(D) A JUVENILE COURT, IN AN ACTION BROUGHT PURSUANT TO DIVISION
(A)(2) OF
SECTION 2151.23 OF THE REVISED CODE, GRANTS 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) 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.
(B) 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.
(C) THE AMOUNTS DESCRIBED IN DIVISION (B)(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 (B)(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. 5149.03. (A) The adult parole authority shall administer
Chapter 5149. and
the provisions of Chapter 2967., Chapter 2971., and sections 2301.27 to
2301.32, 2941.46, 2951.05, 2951.06, and 2951.08 of the Revised Code that
impose duties upon the authority.
The authority may enter into a written agreement with a person or
government entity to share information, personnel, and services for one or
more of the following purposes: training, crime interdiction, fugitive
apprehension, and community supervision. The agreement may permit the
authority to act in concert with and provide assistance to a law enforcement
agency, as defined in section 5101.26 of the Revised
Code, in detecting,
tracking, apprehending, or detaining an individual subject to arrest.
(B)(1) AS USED IN DIVISION (B) OF THIS SECTION:
(a) "OHIO PRISONER" HAS THE SAME MEANING AS IN SECTION 5120.64
of the Revised Code.
(b) "OUT-OF-STATE PRISONER" AND "PRIVATE CONTRACTOR" HAVE THE
SAME MEANINGS AS IN SECTION 9.07 of the Revised Code.
(2) THE ADULT PAROLE AUTHORITY, IN ORDER TO DISCHARGE ITS DUTIES
UNDER CHAPTERS 2967. AND 5149. of the Revised Code, MAY ENTER INTO
A CONTRACT WITH A PRIVATE PERSON OR ENTITY FOR THE RETURN OF OHIO
PRISONERS WHO ARE THE RESPONSIBILITY OF THE DEPARTMENT OF
REHABILITATION AND CORRECTION FROM OUTSIDE OF THIS STATE TO A
LOCATION IN THIS STATE SPECIFIED BY THE ADULT PAROLE AUTHORITY.
IF THE ADULT PAROLE AUTHORITY ENTERS INTO A CONTRACT AS DESCRIBED
IN THIS DIVISION, SUBJECT TO DIVISION (B)(3) OF THIS SECTION, THE
PRIVATE PERSON OR ENTITY IN ACCORDANCE WITH THE CONTRACT MAY RETURN
OHIO PRISONERS FROM OUTSIDE OF THIS STATE TO LOCATIONS IN
THIS STATE SPECIFIED BY THE ADULT PAROLE AUTHORITY. A CONTRACT ENTERED INTO
UNDER THIS
DIVISION SHALL INCLUDE ALL OF THE FOLLOWING:
(a) SPECIFIC PROVISIONS THAT ASSIGN THE RESPONSIBILITY FOR COSTS
RELATED TO MEDICAL CARE OF PRISONERS WHILE THEY ARE BEING RETURNED THAT IS NOT
COVERED BY INSURANCE OF THE PRIVATE
PERSON OR ENTITY;
(b) SPECIFIC PROVISIONS THAT SET FORTH THE NUMBER OF DAYS, NOT
EXCEEDING TEN, WITHIN WHICH THE PRIVATE PERSON OR ENTITY, AFTER IT RECEIVES
THE PRISONER IN THE OTHER STATE, MUST
DELIVER THE PRISONER TO THE LOCATION IN THIS STATE SPECIFIED BY
THE ADULT PAROLE AUTHORITY, SUBJECT TO THE EXCEPTIONS ADOPTED AS
DESCRIBED IN DIVISION (B)(2)(c) OF THIS SECTION;
(c) ANY EXCEPTIONS TO THE SPECIFIED NUMBER OF DAYS FOR DELIVERY
SPECIFIED AS DESCRIBED IN DIVISION (B)(2)(b) OF THIS
SECTION;
(d) A REQUIREMENT THAT THE PRIVATE PERSON OR ENTITY IMMEDIATELY
REPORT ALL ESCAPES OF PRISONERS WHO ARE BEING RETURNED TO THIS STATE, AND
THE APPREHENSION OF ALL PRISONERS WHO ARE BEING RETURNED AND WHO HAVE ESCAPED,
TO THE ADULT PAROLE AUTHORITY AND TO THE LOCAL LAW ENFORCEMENT
AGENCY OF THIS STATE OR ANOTHER STATE THAT HAS JURISDICTION OVER
THE PLACE AT WHICH THE ESCAPE OCCURS;
(e) A SCHEDULE OF FINES THAT THE ADULT PAROLE AUTHORITY SHALL
IMPOSE
UPON THE PRIVATE PERSON OR ENTITY IF THE PRIVATE PERSON OR ENTITY FAILS
TO PERFORM ITS CONTRACTUAL DUTIES, AND A REQUIREMENT THAT, IF THE
PRIVATE PERSON OR ENTITY FAILS TO PERFORM ITS CONTRACTUAL DUTIES,
THE ADULT PAROLE AUTHORITY SHALL IMPOSE A FINE ON THE PRIVATE
PERSON OR ENTITY FROM THE SCHEDULE OF FINES AND, IN ADDITION, MAY
EXERCISE ANY OTHER RIGHTS IT HAS UNDER THE CONTRACT.
(f) IF THE CONTRACT IS ENTERED INTO ON OR AFTER THE EFFECTIVE
DATE OF THE RULES ADOPTED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION UNDER SECTION 5120.64 of the Revised Code,
SPECIFIC PROVISIONS THAT COMPORT WITH ALL APPLICABLE STANDARDS THAT ARE
CONTAINED IN THOSE RULES.
(3)
IF THE
PRIVATE PERSON OR ENTITY THAT ENTERS INTO THE CONTRACT FAILS TO
PERFORM ITS CONTRACTUAL DUTIES, THE ADULT PAROLE AUTHORITY SHALL
IMPOSE UPON THE PRIVATE PERSON OR ENTITY A FINE FROM THE SCHEDULE,
THE MONEY PAID IN SATISFACTION OF THE FINE SHALL BE PAID INTO THE
STATE TREASURY, AND THE ADULT PAROLE AUTHORITY MAY EXERCISE ANY
OTHER RIGHTS IT HAS UNDER THE CONTRACT. IF A FINE IS IMPOSED
UNDER THIS DIVISION, THE ADULT PAROLE AUTHORITY MAY REDUCE THE
PAYMENT OWED TO THE PRIVATE PERSON OR ENTITY PURSUANT TO ANY
INVOICE IN THE AMOUNT OF THE FINE.
(4) UPON THE EFFECTIVE DATE OF THE RULES ADOPTED BY THE
DEPARTMENT OF REHABILITATION AND CORRECTION UNDER SECTION 5120.64 of the Revised Code,
NOTWITHSTANDING THE EXISTENCE OF A CONTRACT ENTERED
INTO UNDER DIVISION (B)(2) OF THIS SECTION, IN NO CASE SHALL THE
PRIVATE PERSON OR ENTITY THAT IS A PARTY TO THE CONTRACT RETURN
OHIO PRISONERS FROM OUTSIDE OF THIS STATE INTO THIS STATE FOR THE
ADULT PAROLE AUTHORITY UNLESS THE PRIVATE PERSON OR ENTITY COMPLIES WITH ALL
APPLICABLE STANDARDS
THAT ARE CONTAINED IN THE RULES.
(5) DIVISIONS (B)(1) TO (4) OF THIS SECTION DO NOT APPLY
REGARDING ANY OUT-OF-STATE PRISONER WHO IS BROUGHT INTO THIS STATE TO BE
HOUSED PURSUANT TO SECTION 9.07 of the Revised Code IN A
CORRECTIONAL FACILITY IN THIS STATE THAT IS MANAGED AND OPERATED BY A
PRIVATE CONTRACTOR.
Section 2. That existing sections 311.29, 2921.01, and 5149.03 of
the Revised Code are hereby repealed.
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