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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 12 |
SENATORS MUMPER-ARMBRUSTER-CARNES-WACHTMANN-JOHNSON-LATTA-
GARDNER-DRAKE-WATTS-NEIN-OELSLAGER-SPADA-PRENTISS-DiDONATO
A BILL
To amend section 2921.44 and to enact sections 9.08, 341.42, 753.32, 5120.62,
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,
5120.62, 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," "COMPUTER SYSTEM," "COMPUTER
SERVICES," "TELECOMMUNICATIONS SERVICE," AND "INFORMATION SERVICE" 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, COMPUTER SYSTEM, COMPUTER SERVICES,
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE
FOLLOWING APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED EDUCATIONAL
PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE OF THE
INTERNET FOR TRAINING OR RESEARCH PURPOSES.
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN ACCORDANCE
WITH RULES PROMULGATED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.62 OF THE REVISED CODE.
(C)(1) NO PRISONER IN A PRIVATE CORRECTIONAL FACILITY SHALL
ACCESS THE INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK,
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS
SERVICE, OR INFORMATION SERVICE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS GUILTY OF
IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST DEGREE.
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," "COMPUTER SYSTEM," "COMPUTER
SERVICES," "TELECOMMUNICATIONS SERVICE," AND "INFORMATION SERVICE" 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.
(4) "COUNTY CORRECTIONAL FACILITY" MEANS A COUNTY JAIL, COUNTY
WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND COUNTY WORKHOUSE,
MUNICIPAL-COUNTY CORRECTIONAL CENTER, MULTICOUNTY-MUNICIPAL CORRECTIONAL
CENTER, MUNICIPAL-COUNTY JAIL OR WORKHOUSE, OR
MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE.
(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, COMPUTER SYSTEM, COMPUTER SERVICES,
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE
FOLLOWING APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED EDUCATIONAL
PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE OF THE
INTERNET FOR TRAINING OR RESEARCH PURPOSES.
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN ACCORDANCE
WITH RULES PROMULGATED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.62 OF THE REVISED CODE.
(C)(1) NO PRISONER IN A COUNTY CORRECTIONAL FACILITY UNDER THE
CONTROL OF A COUNTY SHALL ACCESS THE INTERNET THROUGH THE USE OF A COMPUTER,
COMPUTER NETWORK,
COMPUTER SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, OR
INFORMATION SERVICE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS GUILTY OF
IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST DEGREE.
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," "COMPUTER SYSTEM," "COMPUTER
SERVICES," "TELECOMMUNICATIONS SERVICE," AND "INFORMATION SERVICE" 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.
(4) "MUNICIPAL CORRECTIONAL FACILITY" MEANS A MUNICIPAL JAIL,
MUNICIPAL WORKHOUSE, MINIMUM SECURITY JAIL, JOINT CITY AND COUNTY WORKHOUSE,
MUNICIPAL-COUNTY CORRECTIONAL
CENTER, MULTICOUNTY-MUNICIPAL CORRECTIONAL CENTER, MUNICIPAL-COUNTY JAIL OR
WORKHOUSE, OR
MULTICOUNTY-MUNICIPAL JAIL OR WORKHOUSE.
(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, COMPUTER SYSTEM, COMPUTER SERVICES,
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE UNLESS BOTH OF THE
FOLLOWING APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED EDUCATIONAL
PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE OF THE
INTERNET FOR TRAINING OR RESEARCH PURPOSES.
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN ACCORDANCE
WITH RULES PROMULGATED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.62 OF THE REVISED CODE.
(C)(1) NO PRISONER IN A MUNICIPAL CORRECTIONAL FACILITY UNDER
THE CONTROL OF A MUNICIPAL CORPORATION SHALL ACCESS THE INTERNET THROUGH THE
USE OF A COMPUTER,
COMPUTER NETWORK, COMPUTER SYSTEM, COMPUTER SERVICES,
TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS GUILTY OF
IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST DEGREE.
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. 5120.62. (A) THE DIRECTOR OF REHABILITATION AND CORRECTION
SHALL ADOPT RULES UNDER CHAPTER 119. OF THE REVISED
CODE THAT
GOVERN THE ESTABLISHMENT AND OPERATION OF A SYSTEM THAT PROVIDES ACCESS TO THE
INTERNET
FOR PRISONERS WHO ARE PARTICIPATING IN AN APPROVED EDUCATIONAL
PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE OF THE
INTERNET FOR TRAINING OR RESEARCH PURPOSES. THE RULES SHALL
INCLUDE ALL OF THE FOLLOWING:
(1) CRITERIA BY WHICH INMATES MAY BE SCREENED AND APPROVED FOR
ACCESS OR TRAINING INVOLVING THE INTERNET;
(2) DESIGNATION OF THE AUTHORITY TO APPROVE INTERNET SITES FOR
AUTHORIZED USE;
(3) A REQUIREMENT THAT ONLY PRE-APPROVED SITES WILL BE ACCESSIBLE
ON THE COMPUTERS USED BY PRISONERS IN THE EDUCATIONAL PROGRAM;
(4) A PROCESS FOR THE PERIODIC REVIEW OF THE OPERATION OF THE
SYSTEM, INCLUDING USERS OF THE SYSTEM AND THE SITES ACCESSED BY
THE SYSTEM;
(5) SANCTIONS THAT MUST BE IMPOSED AGAINST PRISONERS AND STAFF
MEMBERS WHO VIOLATE DEPARTMENT RULES GOVERNING PRISONER ACCESS TO
THE INTERNET.
Sec. 5145.31. (A) AS USED IN THIS SECTION:
(1) "COMPUTER," "COMPUTER NETWORK," "COMPUTER SYSTEM," "COMPUTER
SERVICES," "TELECOMMUNICATIONS SERVICE," AND "INFORMATION SERVICE" 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, COMPUTER SYSTEM,
COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, OR INFORMATION SERVICE UNLESS
BOTH OF THE FOLLOWING APPLY:
(1) THE PRISONER IS PARTICIPATING IN AN APPROVED EDUCATIONAL
PROGRAM WITH DIRECT SUPERVISION THAT REQUIRES THE USE OF THE
INTERNET FOR TRAINING OR RESEARCH PURPOSES.
(2) THE PROVISION OF AND ACCESS TO THE INTERNET IS IN ACCORDANCE
WITH RULES PROMULGATED BY THE DEPARTMENT OF REHABILITATION AND
CORRECTION PURSUANT TO SECTION 5120.62 OF THE REVISED CODE.
(C)(1) NO PRISONER IN A CORRECTIONAL INSTITUTION UNDER THE
CONTROL OR SUPERVISION OF THE DEPARTMENT OF REHABILITATION AND CORRECTION
SHALL ACCESS THE
INTERNET THROUGH THE USE OF A COMPUTER, COMPUTER NETWORK, COMPUTER
SYSTEM, COMPUTER SERVICES, TELECOMMUNICATIONS SERVICE, OR
INFORMATION SERVICE.
(2) WHOEVER VIOLATES DIVISION (C)(1) OF THIS SECTION IS GUILTY OF
IMPROPER INTERNET ACCESS, A MISDEMEANOR OF THE FIRST DEGREE.
Section 2. That existing section 2921.44 of the Revised Code is hereby
repealed.
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