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As Reported by the House Criminal Justice Committee
123rd General Assembly
Regular Session
1999-2000 | S. B. No. 115 |
SENATORS MALLORY-FINGERHUT-HAGAN-HERINGTON-McLIN-PRENTISS-
SHOEMAKER-CARNES-OELSLAGER-BRADY-MUMPER-WATTS-SPADA-DiDONATO-
LATELL-BLESSING-HARRIS-NEIN-ESPY-RAY-WHITE-ARMBRUSTER
REPRESENTATIVES WOMER BENJAMIN-WILLAMOWSKI-JONES-LOGAN-
DePIERO-HUGHES
A BILL
To amend sections 5139.07, 5145.06, and 5145.161 of the Revised Code to
require that
prisoners in the custody of the Department of Rehabilitation
and Correction
participate in educational programs and that children who are committed to the
Department of Youth Services work toward earning
a high school
diploma, and generally to limit designated types of prisoner employment to
prisoners who have earned a high school diploma or certificate of high school
equivalence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5139.07, 5145.06, and 5145.161 of the Revised Code
be amended to
read as follows:
Sec. 5139.07. (A)(1)(a) As a means of correcting the socially
harmful tendencies of a child committed to it, the department of
youth services may require participation by the A child TO
PARTICIPATE in vocational,
physical, educational, and corrective training and activities,
and the conduct and modes of life that seem best adapted to
rehabilitate the child and fit the child
for return to full liberty without
danger to the public welfare. The
(b) EXCEPT AS OTHERWISE PROVIDED, THE DEPARTMENT SHALL REQUIRE
ANY CHILD COMMITTED TO IT WHO HAS NOT ATTAINED A DIPLOMA OR CERTIFICATE OF
HIGH SCHOOL EQUIVALENCE, TO PARTICIPATE IN COURSES LEADING TOWARD A HIGH
SCHOOL DIPLOMA OR AN OHIO CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.
THIS REQUIREMENT DOES NOT APPLY TO A CHILD IN AN ASSESSMENT PROGRAM OR
TREATMENT INTERVENTION PROGRAM PRESCRIBED BY THE DEPARTMENT.
(c) THE department may monetarily compensate the
child for the activities described in this section by transferring the wages
of the child for those activities to the appropriate youth benefit fund
created under section 5139.86 of the Revised Code. This
(d) THIS section does not
permit the
department to release a child committed to it from institutional
care or institutional care in a secure facility, whichever is
applicable, other than in accordance with sections 2151.38,
5139.06, 5139.38, and 5139.50 to 5139.54 of the Revised Code.
(2) THE FAILURE OF THE DEPARTMENT OF YOUTH SERVICES TO PROVIDE,
PURSUANT TO DIVISION (A)(1) OF THIS SECTION, AN OPPORTUNITY FOR ANY
CHILD COMMITTED TO IT TO PARTICIPATE IN COURSES THAT LEAD TO A HIGH SCHOOL
DIPLOMA OR AN OHIO CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, DOES NOT
GIVE RISE TO A CLAIM FOR DAMAGES AGAINST THE DEPARTMENT.
(B) The department may require a child committed to it to
return to the child's
home or to be placed in a foster care placement if
it is authorized to make a placement of that nature under
sections 2151.38, 5139.06, 5139.38, and 5139.50 to 5139.54 of the Revised
Code. Any placement of that nature shall be made in accordance with those
sections. The legal residence of a child so placed by the
department is the place in which the child is residing in accordance
with a department order of placement. The school district responsible
for payment of tuition on behalf of the child so placed shall be
determined pursuant to section 3313.64 or 3313.65 of the Revised
Code.
Sec. 5145.06. (A) The department of rehabilitation and correction
shall establish
and operate a school system that is approved and chartered by the department
of education and designated as the Ohio central school system to serve all of
the correctional institutions under its control. The Ohio central school
system shall provide educational programs for prisoners to allow them to
complete adult basic education courses, earn Ohio certificates of high school
equivalence, or pursue vocational training. To that end, the department may
employ appropriately certified teachers, administrators, and support staff.
The department shall provide classrooms, shops, and other appropriate
facilities and necessary furniture, books, stationery, supplies, and
equipment.
(B)(1) THE DEPARTMENT OF REHABILITATION AND
CORRECTION SHALL REQUIRE EACH PRISONER
WHO HAS NOT OBTAINED A HIGH SCHOOL DIPLOMA TO TAKE COURSES LEADING TOWARD AN
OHIO CERTIFICATE OF HIGH SCHOOL EQUIVALENCE, AN OHIO HIGH
SCHOOL DIPLOMA PURSUANT TO SECTION 3313.61 of the Revised Code, OR
COURSES THAT PROVIDE VOCATIONAL TRAINING. IF A PRISONER HAS OBTAINED A HIGH
SCHOOL DIPLOMA, THE DEPARTMENT SHALL ENCOURAGE THE PRISONER TO PARTICIPATE IN
A
PROGRAM OF ADVANCED STUDIES OR TRAINING FOR A SKILLED TRADE.
(2) THE DEPARTMENT OF REHABILITATION AND
CORRECTION SHALL ADOPT RULES THAT PRESCRIBE DISCIPLINARY
ACTIONS THAT THE DEPARTMENT MAY TAKE IF A PRISONER REFUSES TO PARTICIPATE
IN AN EDUCATIONAL PROGRAM REQUIRED UNDER DIVISION
(B)(1) OF THIS SECTION.
(3) THE FAILURE OF THE DEPARTMENT OF REHABILITATION AND CORRECTION TO
PROVIDE, PURSUANT TO DIVISION (B)(1) OF THIS SECTION, AN OPPORTUNITY
FOR ANY PRISONER TO PARTICIPATE IN COURSES THAT LEAD TOWARD AN OHIO
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE OR AN OHIO HIGH SCHOOL
DIPLOMA, OR THAT PROVIDE VOCATIONAL TRAINING, DOES NOT GIVE RISE TO A CLAIM
FOR DAMAGES AGAINST THE DEPARTMENT.
Sec. 5145.161. (A) The program for the employment of
prisoners within the custody of the department of rehabilitation
and correction that the department is required to establish by
division (A) of section 5145.16 of the Revised Code shall be
administered in accordance with any rules adopted pursuant to
division (B) of section 5145.03 of the Revised Code and with the
following requirements:
(1) The department shall consider the nature of the
offense committed by a prisoner, the availability of employment,
the security requirements for the prisoner, his THE PRISONER'S
present state of mind, his THE PRISONER'S record in the
institution to which he THE PRISONER has been committed, and all
other relevant factors when assigning a prisoner to his THE
PRISONER'S initial job assignment. The department, when
making a prisoner's initial job assignment, shall attempt to
develop the prisoner's work skills, provide rehabilitation for
the prisoner, consider the proximity to the prisoner's family,
and permit the prisoner to provide support for his THE
PRISONER'S dependents if the inmate's PRISONER'S earnings
are sufficient for that to be feasible.
(2)(a) EXCEPT AS PROVIDED IN DIVISION
(A)(2)(b) OF THIS SECTION, NO PRISONER SHALL BE
ASSIGNED TO ANY JOB WITH THE OHIO PENAL INDUSTRIES, OR TO ANY OTHER
JOB LEVEL OR JOB GRADE OF PRISONER EMPLOYMENT THAT THE DIRECTOR OF
REHABILITATION AND CORRECTION MAY DESIGNATE, UNLESS THE PRISONER HAS OBTAINED
A HIGH SCHOOL DIPLOMA OR A CERTIFICATE OF HIGH SCHOOL EQUIVALENCE.
(b) DIVISION (A)(2)(a) OF THIS SECTION
DOES NOT APPLY TO EITHER OF THE FOLLOWING:
(i) A PRISONER WHO IS DETERMINED, IN ACCORDANCE WITH A PROCEDURE
APPROVED BY THE DIRECTOR, TO BE INCAPABLE OF OBTAINING A DIPLOMA OR
CERTIFICATE OF HIGH SCHOOL EQUIVALENCE;
(ii) A PRISONER WORKING IN THE OHIO PENAL INDUSTRIES AS
OF FEBRUARY 1, 1999, WHO APPLIED ON OR BEFORE MAY 1, 1999,
FOR ENROLLMENT IN A PROGRAM LEADING TO A DIPLOMA OR A CERTIFICATE OF HIGH
SCHOOL EQUIVALENCE, AND WHO HAS BEEN ENROLLED IN THAT PROGRAM FOR LESS THAN
ONE YEAR.
(3) Each prisoner shall be required to perform his THE
PRISONER'S job satisfactorily, be permitted to be absent from his
THE PRISONER'S job only for legitimate reasons, be required to comply
with all security requirements, and be required to comply with any other
reasonable job performance standards.
(3)(4) A prisoner who advances from one job grade to the next
higher job grade within the job level, advances from one job
level to the next higher job level, or advances from one job
category to the next highest job category shall receive
additional benefits in accordance with the rules adopted pursuant
to division (B) of section 5145.03 of the Revised Code.
(4)(5) A prisoner shall not be eligible for a job in private
industry or agriculture, unless he THE PRISONER meets the
requirements of the department for private employment that are set forth in
rules adopted pursuant to division (B) of section 5145.03 of the
Revised Code.
(5)(6) A prisoner who violates the work requirements of any
job grade, level, or category shall be disciplined pursuant to
the disciplinary procedure adopted pursuant to division (B)(9) of
section 5145.03 of the Revised Code.
(B) The department of rehabilitation and correction may
administer the program that it is required to establish by
division (A) of section 5145.16 of the Revised Code in any manner
that is consistent with division (A) of this section, division
(B) of section 5145.03, and section 5145.16 of the Revised Code.
Section 2. That existing sections 5139.07, 5145.06, and 5145.161 of the
Revised Code are hereby repealed.
Section 3. Section 5139.07 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 1 and Am. Sub. H.B. 215 of the 122nd General Assembly, with the
new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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