130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
S. B. No. 12

SENATORS MUMPER-ARMBRUSTER-CARNES-WACHTMANN


A BILL
To amend section 2921.44 and to enact sections 9.08, 341.42, 753.32, and 5145.31 of the Revised Code to prohibit prisoners in state, county, and municipal and privately operated correctional facilities from having access to the Internet.

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


Section 1. That section 2921.44 be amended and sections 9.08, 341.42, 753.32, and 5145.31 of the Revised Code be enacted to read as follows:

Sec. 9.08. (A) AS USED IN THIS SECTION:

(1) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 of the Revised Code.

(2) "CONTRACTOR" MEANS EITHER OF THE FOLLOWING:

(a) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.06 of the Revised Code.

(b) A PERSON WHO ENTERS INTO A CONTRACT UNDER SECTION 9.07 of the Revised Code TO OPERATE AND MANAGE A CORRECTIONAL FACILITY IN THIS STATE FOR OUT-OF-STATE PRISONERS.

(3) "PRIVATE CORRECTIONAL FACILITY" MEANS A CORRECTIONAL FACILITY THAT IS OPERATED BY A CONTRACTOR UNDER A CONTRACT PURSUANT TO SECTION 9.06 OR 9.07 of the Revised Code.

(4) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 of the Revised Code.

(B) NO OFFICER OR EMPLOYEE OF A CONTRACTOR WHO IS OPERATING AND MANAGING A PRIVATE CORRECTIONAL FACILITY SHALL PROVIDE A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY ACCESS TO OR PERMIT A PRISONER IN THE PRIVATE CORRECTIONAL FACILITY TO HAVE ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM.

Sec. 341.42. (A) AS USED IN THIS SECTION:

(1) "COUNTY CORRECTIONAL OFFICER" HAS THE SAME MEANING AS IN SECTION 341.41 of the Revised Code.

(2) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 of the Revised Code.

(3) "INTERNET" MEANS THE INTERNATIONAL COMPUTER NETWORK OF BOTH FEDERAL AND NONFEDERAL INTEROPERABLE PACKET SWITCHED DATA NETWORKS, INCLUDING THE GRAPHICAL SUBNETWORK CALLED THE WORLD WIDE WEB.

(B) NO COUNTY CORRECTIONAL OFFICER SHALL PROVIDE A PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM.

Sec. 753.32. (A) AS USED IN THIS SECTION:

(1) "MUNICIPAL CORRECTIONAL OFFICER" HAS THE SAME MEANING AS IN SECTION 753.31 of the Revised Code.

(2) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 of the Revised Code.

(3) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 of the Revised Code.

(B) NO MUNICIPAL CORRECTIONAL OFFICER SHALL PROVIDE A PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM.

Sec. 2921.44. (A) No law enforcement officer shall negligently do any of the following:

(1) Fail to serve a lawful warrant without delay;

(2) Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in his THE LAW ENFORCEMENT OFFICER'S power to do so alone or with available assistance.

(B) No law enforcement, ministerial, or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.

(C) No officer, having charge of a detention facility, shall negligently do any of the following:

(1) Allow the detention facility to become littered or unsanitary;

(2) Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter, and medical attention;

(3) Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;

(4) Allow a prisoner to escape;

(5) Fail to observe any lawful and reasonable regulation for the management of the detention facility.

(D) No public official of the state shall recklessly create a deficiency, incur a liability, or expend a greater sum than is appropriated by the general assembly for the use in any one year of the department, agency, or institution of the state with which the public official is connected.

(E) No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to his THE PUBLIC SERVANT'S office, or recklessly do any act expressly forbidden by law with respect to his THE PUBLIC SERVANT'S office.

(F) Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.

(G) AS USED IN THIS SECTION, "PUBLIC SERVANT" INCLUDES AN OFFICER OR EMPLOYEE OF A CONTRACTOR AS DEFINED IN SECTION 9.08 of the Revised Code.

Sec. 5145.31. (A) AS USED IN THIS SECTION:

(1) "COMPUTER," "COMPUTER NETWORK," AND "COMPUTER SYSTEM" HAVE THE SAME MEANINGS AS IN SECTION 2913.01 of the Revised Code.

(2) "INTERNET" HAS THE SAME MEANING AS IN SECTION 341.42 of the Revised Code.

(B) NO OFFICER OR EMPLOYEE OF A CORRECTIONAL INSTITUTION UNDER THE CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION AND CORRECTION SHALL PROVIDE A PRISONER ACCESS TO OR PERMIT A PRISONER TO HAVE ACCESS TO THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, OR COMPUTER SYSTEM.


Section 2. That existing section 2921.44 of the Revised Code is hereby repealed.
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