The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 510As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVE Womer Benjamin
A BILL
To amend sections 2151.421, 2301.54, 2907.03, 2921.36,
2933.41,
2949.06, 2951.03, 2967.14, 2967.27,
2967.28,
3101.05, 5120.01, 5120.21, 5120.38,
5120.421, 5120.48,
5120.60, 5139.251, 5145.06,
5149.02, 5149.04, 5149.06,
5149.10, and 5149.12 and
to enact section 5145.163
of the Revised Code
relative to the Department of
Rehabilitation and
Correction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.421, 2301.54, 2907.03, 2921.36,
2933.41,
2949.06, 2951.03, 2967.14, 2967.27, 2967.28, 3101.05,
5120.01,
5120.21, 5120.38, 5120.421, 5120.48, 5120.60, 5139.251,
5145.06, 5149.02, 5149.04,
5149.06, 5149.10, and 5149.12 be
amended and section 5145.163 of
the Revised Code be enacted to
read as follows:
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child, shall fail to
immediately report
that knowledge or suspicion to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred.
Division (A)(1)(a) of this
section does not apply with respect to inmates who are under
eighteen years of age and in the custody of the department of
rehabilitation and correction. A person should report known or
suspected abuse or neglect involving an inmate of this nature to
the state highway patrol in the county in which is located the
state correctional institution in which the inmate is confined. (b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; or a
person rendering
spiritual treatment through prayer in
accordance with the tenets
of a well-recognized religion.
(2) An attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an attorney-client or physician-patient
relationship,
if, in accordance with division (A) or (B)
of section
2317.02 of
the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to that communication and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply: (a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age. (b) The attorney or physician knows or suspects, as a result
of the
communication or any observations made during that
communication,
that the client or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient. (c) The attorney-client or physician-patient relationship
does not
arise out of
the client's or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code. (B)
Anyone,
When the child or person involved is not in the
custody of the department of rehabilitation and correction, anyone
who knows or suspects that a child under
eighteen years of age or
a mentally
retarded, developmentally disabled, or physically
impaired person
under twenty-one years of age has suffered or
faces a
threat of suffering any physical or mental wound, injury,
disability, or other condition of a nature that reasonably
indicates abuse or neglect of the child, may report or cause
reports to be made of that knowledge or suspicion to the public
children services agency or to a municipal
or
county peace
officer.
A person may report known or suspected abuse or neglect
of an inmate who is under eighteen years of age and in the custody
of the department of rehabilitation and correction to the state
highway patrol. A person making a report of that nature to the
state highway patrol shall make the report in the county in which
is located the state correctional institution in which the inmate
is confined. (C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain: (1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known; (2) The child's age and the nature and extent of the
child's
known or suspected injuries, abuse, or neglect or of the
known or
suspected threat of injury, abuse, or neglect, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or
neglect or of the known or suspected threat of injury, abuse,
or
neglect. Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child. (D)(1) Upon the receipt of a report concerning the possible
abuse or neglect of a child or the possible threat of abuse or
neglect of a child, the municipal or county peace officer who
receives the report shall refer the report to the appropriate
public children services
agency. (2) On receipt of a report pursuant to this
division or
division (A) or
(B) of this section, the public
children services
agency shall comply with section 2151.422 of
the Revised
Code. (E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code. (F)(1) Except as
provided in section 2151.422 of the Revised
Code, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of known or suspected child
abuse or child neglect and of
a known or suspected threat of child
abuse or child neglect that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to a central
registry which
the department of job and family
services
shall maintain in order to
determine whether prior
reports have been made in other counties
concerning the child or
other principals in the case. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency. (2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention. (G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding. (b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section. (2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought. (H)(1) Except as provided in divisions (H)(4),
(M), and (N)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure. (2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section. (3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code. (4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. (5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports. (I) Any report that is required by this section shall
result
in protective services and emergency supportive services
being
made available by the public children services
agency on behalf of
the children about whom
the report is made, in an effort to
prevent further neglect or
abuse, to enhance their welfare, and,
whenever possible, to
preserve the family unit intact.
The agency
required to provide the services shall be the agency conducting
the investigation of the report pursuant to section 2151.422 of
the Revised
Code. (J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following: (a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative; (b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative; (c) The county
peace officer; (d) All
chief municipal peace officers within the county; (e) Other law enforcement officers handling child abuse and
neglect cases in the county; (f) The prosecuting
attorney of the county; (g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services.
(2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person.
(3) A memorandum of understanding shall include all of the
following: (a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect; (b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected. (K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report to be provided with
the following
information: (a) Whether the agency has initiated an
investigation of the
report; (b) Whether the agency is continuing to
investigate the
report; (c) Whether the agency is otherwise
involved
with the child
who is the subject of the report; (d) The general status of the health and safety of the
child
who is the subject of the report; (e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court. (2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report. When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report. Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions. (3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section. (4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section. (L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect. (M) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports. (N) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2301.54. Each citizens advisory board appointed under
section 2301.53 of the Revised Code shall do all of the
following,
for each community-based correctional facility and
program or
district community-based correctional facility and
program that
was contained in a proposal submitted by the
judicial corrections
board that appointed it and that was
approved by the
section on
probation development and supervision
of the adult parole
authority
division of parole and community services: (A) Recommend physical facilities for the use and
operation
of the facility and program; (B) Provide community relations services for the facility
and program; (C) Regularly conduct public meetings in the communities
that are served by the facility and program, accept
recommendations from the public that are offered at the meetings
and that relate to the operation of the facility and program, and
refer the recommendations to the judicial corrections board; (D) Encourage the provision of community services by
persons, agencies, organizations, or groups in the area served by
the facility and program, and seek out persons, agencies,
organizations, or groups to provide community services, to the
facility and program; (E) Perform other duties relating to the operation of the
facility and program that are prescribed by the judicial
corrections board.
Sec. 2907.03. (A) No person shall engage in sexual
conduct
with another, not the spouse of the offender, when any of
the
following apply: (1) The offender knowingly coerces the other person to
submit by any means that would prevent resistance by a person of
ordinary resolution. (2) The offender knows that the other person's ability to
appraise the nature of or control the other person's
own conduct
is substantially impaired. (3) The offender knows that the other person submits
because
the other person is unaware that the act is
being committed. (4) The offender knows that the other person submits
because
the other person mistakenly identifies the offender as the other
person's spouse. (5) The offender is the other person's natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in
loco
parentis of the other person. (6) The other person is in custody of law or a patient in
a
hospital or other institution, and the offender has supervisory
or
disciplinary authority over the other person. (7) The offender is a teacher, administrator, coach, or
other person in
authority employed by or serving in a school for
which the state board of
education prescribes minimum standards
pursuant to division (D) of section
3301.07 of the Revised Code,
the other person is
enrolled in or attends that school, and the
offender is not enrolled in and
does not attend that school. (8) The other person is a minor, the offender is a teacher,
administrator, coach, or other person in authority employed by or
serving in
an institution of higher education, and the other
person is enrolled in or attends that institution. (9) The other person is a minor, and the offender is the
other person's
athletic or other type of coach, is the other
person's instructor, is the
leader of a scouting troop of which
the other person is a member, or is a
person with temporary or
occasional disciplinary control over the other
person. (10) The other person is confined in a detention facility,
and the offender is an employee of that detention facility. (B) Whoever violates this section is guilty of sexual
battery, a felony of the third degree.
(C) As used in this section, "institution of higher
education" means a state
institution of higher education defined
in section
3345.011 of the Revised
Code, a private nonprofit
college or university located in this state that
possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code, or a school
certified under
Chapter 3332. of the Revised Code.
Sec. 2921.36. (A) No person shall knowingly convey, or
attempt to convey, onto the grounds of a detention facility or of
an institution that is under the control of the department of
mental health or the department of mental retardation and
developmental disabilities, any of the following items: (1) Any deadly weapon or dangerous ordnance, as defined in
section 2923.11 of the Revised Code, or any part of or ammunition
for use in such a deadly weapon or dangerous ordnance; (2) Any drug of abuse, as defined in section 3719.011 of
the
Revised Code; (3) Any intoxicating liquor, as defined in section 4301.01
of the Revised Code. (B) Division (A) of this section does not apply to any
person who conveys or attempts to convey an item onto the grounds
of a detention facility or of an institution under the control of
the department of mental health or the department of mental
retardation and developmental disabilities pursuant to the
written
authorization of the person in charge of the detention
facility or
the institution and in accordance with the written
rules of the
detention facility or the institution. (C) No person shall knowingly deliver, or attempt to
deliver, to any person who is confined in a detention facility or
to any patient in an institution under the control of the
department of mental health or the department of mental
retardation and developmental disabilities, any item listed in
division (A)(1), (2), or (3) of this section. (D) No person shall knowingly deliver, or attempt to
deliver, cash to any
person who is confined in a detention
facility. (E)
No person shall knowingly deliver, or attempt to deliver,
to any person who is confined in a detention facility a cellular
telephone, two-way radio, or other electronic communications
device. (F)(1) It is an affirmative defense to a charge under
division (A)(1) of this section that the
weapon or dangerous
ordnance in question was being transported in a motor
vehicle for
any lawful purpose, that it was not on the actor's person, and, if
the weapon or dangerous ordnance in question was a firearm, that
it was
unloaded and was being carried in a closed package, box, or
case or in a
compartment that can be reached only by leaving the
vehicle. (2) It is an affirmative defense to a charge under
division
(C) of this section that the actor was not otherwise
prohibited by
law from delivering the item to the confined person
or the patient
and that either of the following applies: (a) The actor was permitted by the written rules of the
detention facility or the institution to deliver the item to the
confined person or the patient. (b) The actor was given written authorization by the
person
in charge of the detention facility or the institution to
deliver
the item to the confined person or the patient. (F)(G)(1) Whoever violates division (A)(1) of this section
or
commits a violation of division (C) of this section involving
an
item listed in division (A)(1) of this section is guilty of
illegal conveyance of weapons onto the grounds of a detention
facility or a mental health or mental retardation and
developmental disabilities institution, a felony of the
fourth
degree. If the offender is an officer or employee of the
department
of rehabilitation and correction, the court shall
impose a mandatory prison
term.
(2) Whoever violates division (A)(2) of this section or
commits a violation of division (C) of this section involving any
drug of abuse is guilty of illegal conveyance of drugs of abuse
onto the grounds of a detention facility or a mental health or
mental retardation and developmental disabilities institution, a
felony of the third degree. If the
offender is an officer or
employee of the department of rehabilitation and
correction or of
the department of youth services, the court shall
impose a
mandatory prison term. (3) Whoever violates division (A)(3) of this section or
commits a
violation of division (C) of this section involving any
intoxicating liquor is guilty of illegal conveyance of
intoxicating liquor onto the grounds of a detention facility or a
mental health or mental retardation and developmental
disabilities
institution, a misdemeanor of the second degree. (4) Whoever violates division (D) of this section is guilty
of illegal
conveyance of cash onto the grounds of a detention
facility, a misdemeanor of
the first degree. If the offender
previously has been convicted of or pleaded
guilty to a violation
of division (D) of this section, illegal conveyance of
cash onto
the grounds of a detention facility is a felony of the
fifth
degree.
(5) Whoever violates division (E) of this section is guilty
of illegal conveyance of a communications device onto the grounds
of a detention facility, a misdemeanor of the first degree, or if
the offender previously has been convicted of or pleaded guilty to
a violation of division (E) of this section, a felony of the fifth
degree.
Sec. 2933.41. (A)(1) Any property, other than contraband
that is subject to the provisions of section 2913.34 or
2933.43 of
the
Revised Code, other than property that is subject to section
3719.141 of the Revised Code, other than property that is
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45
of the
Revised Code,
other than a vehicle that is criminally
forfeited under an order
issued under section 4503.233 or 4503.234
of the Revised Code and
that is to be disposed of under section
4503.234 of the Revised
Code, other than property that has been
lawfully seized under
sections 2933.71 to 2933.75 of the Revised
Code in relation to a
medicaid fraud offense, and other than
property that has been
lawfully seized in relation to a violation
of section 2923.32 of
the Revised Code, that has been lost,
abandoned, stolen, seized
pursuant to a search warrant, or
otherwise lawfully seized or
forfeited, and that is in the custody
of a law enforcement
agency shall be kept safely pending the time
it no longer is
needed as evidence and shall be disposed of
pursuant to this
section. Each law enforcement agency that has
custody of any
property that is subject to this section shall
adopt a written
internal control policy that addresses the keeping
of detailed
records as to the amount of property taken in by the
agency, that
addresses the agency's disposition of the property
under this
section, that provides for the keeping of detailed
records of the
disposition of the property, and that provides for
the keeping of
detailed financial records of the amount and
disposition of any
proceeds of a sale of the property under
division (D)(8) of this
section and of the general types of
expenditures made out of the
proceeds retained by the agency and
the specific amount expended
on each general type of expenditure.
The policy shall not
provide for or permit the identification of
any specific
expenditure that is made in an ongoing investigation.
The policy
is a public record open for inspection under section
149.43 of
the Revised Code. (2)(a) Every law enforcement agency that has any lost,
abandoned, stolen, seized, or forfeited property as described in
division (A)(1) of this section in its custody shall comply with
its written internal control policy adopted under that division
relative to the property. Each agency that has any such
property
in its custody, except for property to be disposed of under
division (D)(4) of this section, shall maintain an accurate
record, in accordance with its written internal control policy,
of
each item of the property. The record shall include the date
on
which each item of property came into the agency's custody,
the
manner in which it was disposed of, the date of its
disposition,
the name of the person who received the property if
it was not
destroyed, and all other information required by the
agency's
written internal control policy; however, the record
shall not
identify or enable the identification of the individual
officer
who seized any item of property. The record of any
property that
no longer is needed as evidence, and all financial
records of the
amount and disposition of any proceeds of a sale
under division
(D)(8) of this section and of the general types of
expenditures
made out of the proceeds retained by the agency and
the specific
amount of each general type of expenditure, shall be
open to
public inspection during the agency's regular business
hours. Each law enforcement agency that, during any calendar year,
has any seized or forfeited property as described in division
(A)(1) of this section in its custody shall prepare a report
covering the calendar year that cumulates all of the information
contained in all of the records kept by the agency pursuant to
this division for that calendar year and shall send a copy of
the
cumulative report, no later than the first day of March in
the
calendar year following the calendar year covered by the
report,
to the attorney general. Each report received by the
attorney
general is a public record open for inspection under
section
149.43 of the Revised Code.
(b) Each law enforcement agency that receives in any
calendar year any proceeds of a sale under division (D)(8) of
this
section shall prepare a report covering the calendar year
that
cumulates all of the information contained in all of the
public
financial records kept by the agency pursuant to division
(D)(2)(a) of this section for that calendar year and shall send
a
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code.
(c) Not later than the fifteenth day of April in the
calendar year in which reports are sent to the attorney general
under
divisions (A)(2)(a) and (b) of this section, the
attorney
general shall send to the president of the senate and the speaker
of
the house of representatives a written notification that does
all of the
following: (i) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in division
(A)(2)(a),
(A)(2)(b), or both (A)(2)(a) and (b) of this section,
whichever is applicable,
that cover the previous calendar year and
indicates that the reports were
received under division (A)(2)(a),
(A)(2)(b), or both
(A)(2)(a) and (b) of this section, whichever is
applicable; (ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code; (iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request. (B) A law enforcement agency that has property in its
possession that is required to be disposed of pursuant to this
section shall make a reasonable effort to locate the persons
entitled to possession of the property in its custody, to notify
them of when and where it may be claimed, and to return the
property to them at the earliest possible time. In the absence
of
evidence identifying persons entitled to possession, it is
sufficient notice to advertise in a newspaper of general
circulation in the county, briefly describing the nature of the
property in custody and inviting persons to view and establish
their right to it. (C) A person loses any right that the person may have to the
possession, or the possession and ownership, of property if any
of
the following applies: (1) The property was the subject, or was used in a
conspiracy or attempt to commit, or in the commission, of an
offense other than a traffic offense, and the person is a
conspirator, accomplice, or offender with respect to the offense. (2) A court determines that the property should be
forfeited
because, in light of the nature of the property or the
circumstances of the person, it is unlawful for the person to
acquire or possess the property. (D) Unclaimed or forfeited property in the custody of a
law
enforcement agency, other than contraband that is subject to
the
provisions of section 2913.34 or 2933.43 of the Revised
Code,
other than property forfeited under sections 2923.44 to 2923.47 or
2925.41 to 2925.45 of the
Revised Code, and other than property
that has been lawfully
seized in relation to a violation of
section 2923.32 of the
Revised Code, shall be disposed of on
application to and order of
any court of record that has
territorial jurisdiction over the
political subdivision in which
the law enforcement agency has
jurisdiction to engage in law
enforcement activities, as follows: (1) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law. (2) Firearms and dangerous ordnance suitable for police
work
may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum pieces or
collectors' items may be sold at public auction pursuant to
division (D)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by the agency or shall be sent to the
bureau of criminal identification and investigation for
destruction by the bureau. (3) Obscene materials shall be destroyed. (4) Beer, intoxicating liquor, or alcohol seized from a
person who is not the holder of a permit issued under Chapters
4301. and 4303. of the Revised Code or is an offender and
forfeited to the state under section 4301.45 or 4301.53 of the
Revised Code either shall be sold by the division of liquor
control,
if the division determines that the beer, intoxicating
liquor,
or alcohol is fit for sale, or shall be placed in the
custody of the
investigations unit in the department of public
safety and be used for
training relating to law enforcement
activities. The department, with the
assistance of the division
of liquor control, shall adopt rules in accordance
with
Chapter
119. of the Revised Code to provide for the distribution of such
beer,
intoxicating liquor, or alcohol to state or local law
enforcement agencies
upon their request. If any tax imposed under
Title XLIII
of the Revised Code has not been paid in relation to
the beer,
intoxicating liquor, or alcohol, the proceeds of the
sale shall
first be used to pay the tax. All other money
collected under
division (D)(4) of this section shall be paid into
the state
treasury. Any such beer, intoxicating liquor, or
alcohol that
the division determines to be unfit for sale shall be
destroyed. (5) Money received by an inmate of a correctional
institution from an unauthorized source or in an unauthorized
manner shall be returned to the sender, if known, or deposited in
the inmates' industrial and entertainment fund if the sender is
not known. (6) Vehicles and vehicle parts forfeited under sections
4549.61 to 4549.63 of the Revised Code may be given to a law
enforcement agency for use in the performance of its duties.
Those parts may be incorporated into any other official vehicle.
Parts that do not bear vehicle identification numbers or
derivatives of them may be sold or disposed of as provided by
rules of the director of public safety. Parts from which a
vehicle identification number or derivative of it has been
removed, defaced, covered, altered, or destroyed and that are not
suitable for police work or incorporation into an official
vehicle
shall be destroyed and sold as junk or scrap. (7)(a) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of pursuant to division (D)(8) of this section. (b) As used in this section, "computers," "computer
networks," "computer systems," and "computer software" have the
same meanings as in section 2913.01 of the Revised Code. (8) Other unclaimed or forfeited property,
including
personal property that is abandoned or relinquished by an inmate
of a state correctional institution, with the
approval of the
court, may be used by the law enforcement agency
that has
possession of it. If the other unclaimed or forfeited
property is
not used by the law enforcement agency, it may be
sold, without
appraisal, at a public auction to the highest
bidder for cash, or,
in the case of other unclaimed or forfeited
moneys, disposed of in
another manner that the court considers
proper in the
circumstances. (E)(1)(a) If the property was in the possession
of the law
enforcement agency in relation to a delinquent child
proceeding in
a juvenile court, ten per cent of the proceeds from
property
disposed of pursuant to this section shall be applied to
one or
more alcohol and drug addiction treatment programs that
are
certified by the department of alcohol and drug addiction
services
under section 3793.06 of the Revised
Code and that are specified
by the court in its order
issued under division (D) of this
section. A juvenile court shall
not
specify an alcohol or
drug
addiction treatment program in the order
unless the program is a
certified alcohol and drug addiction
treatment program and, except
as provided in division
(E)(1)(a) of this section, unless the
program is located
in the county in which the court
that issues
the orders is located or in a contiguous county. If
no certified
alcohol and drug addiction treatment program is
located in any of
those counties, the juvenile court may specify in the order
a
certified alcohol and drug
addiction treatment program located
anywhere within this state. The remaining
ninety per cent of
the
proceeds shall be applied as provided in division
(E)(1)(b) of
this section. If the property was in the possession of the law
enforcement
agency other than in relation to a delinquent child
proceeding in
a juvenile court, all of the proceeds from property
disposed of
pursuant to this section shall be applied as provided
in division
(E)(1)(b) of this section. (b) Except as provided in divisions (D)(4), (5), and
(E)(2)
of this section and after compliance with division
(E)(1)(a) of
this section when that division is
applicable, the proceeds from
property disposed of
pursuant to this section shall be placed in
the general fund of
the state, the county, the township, or the
municipal
corporation, of which the law enforcement agency
involved is an
agency. (2) Each board of county commissioners that recognizes a
citizens' reward program as provided in section 9.92 of the
Revised Code shall notify each law enforcement agency of that
county and each law enforcement agency of a township or municipal
corporation wholly located in that county of the official
recognition of the citizens' reward program by filing a copy of
its resolution conferring that recognition with each
of those law
enforcement agencies. When the board of county
commissioners of a
county recognizes a citizens' reward program and the county
includes a part, but not all, of the territory of a municipal
corporation, the board shall so notify the law enforcement agency
of that municipal corporation of the official recognition of the
citizens' reward program only if the county contains the highest
percentage of the municipal corporation's population. Upon
receipt of a notice described in this division,
each law
enforcement
agency shall pay
twenty-five per cent of the proceeds
from each sale of property
disposed of pursuant to this section to
the citizens' reward
program for use exclusively for the payment
of rewards. No part
of those funds may be used to pay for the
administrative expenses
or any other expenses associated with a
citizens' reward program. If a
citizens' reward program that
operates in more than one
county or in another state or states in
addition to this state
receives funds pursuant to this section,
the funds shall be used
to pay rewards only for tips and
information to law enforcement
agencies concerning felonies,
offenses of violence, or
misdemeanors that have been committed in
the county from which
the funds were received. (F) This section does not apply to the collection,
storage,
or disposal of abandoned junk motor vehicles. This
section shall
not be construed to rescind or restrict the
authority of a
municipal law enforcement agency to keep and
dispose of lost,
abandoned, stolen, seized, or forfeited property
under an
ordinance of the municipal corporation or under sections 737.29 to
737.33 of the Revised Code, provided that,
when a municipal
corporation that has received notice as provided
in division
(E)(2) of this section disposes of property under
an ordinance, it
shall pay twenty-five per
cent of the
proceeds from any sale or
auction to the citizens' reward program
as provided under that
division. (G) The receipt of funds by a citizens' reward program
pursuant to division (E) of this section does not make it a
governmental unit for purposes of section 149.43 of the Revised
Code and does not subject it to the disclosure provisions of that
section. (H) This section does not apply to the disposal of stolen or
other
property recovered by township law enforcement agencies
pursuant to sections
505.105 to 505.109 of the Revised Code. (I)(1) Subject to divisions (D)(1) to (7) of this section,
and otherwise notwithstanding the provisions of this section,
personal property that is subject to this section and that is
abandoned or relinquished by an inmate of a state correctional
institution may be sold, destroyed, or used by order of the warden
of the institution, if either of the following apply:
(a) The value of the item is one hundred dollars or less,
the state correctional institution has attempted to contact or
identify the owner of the personal property, and those attempts
have been unsuccessful.
(b) The inmate who owns the personal property agrees in
writing to the disposal of the personal property in question.
(2) The department of rehabilitation and correction shall
record the seizure and disposition of any personal property
pursuant to division (I)(1) of this section, any attempts to
contact or identify the owner of the personal property pursuant to
division (I)(1)(a) of this section, and any agreement made
pursuant to division (I)(1)(b) of this section. (J) For purposes of this section, "law enforcement agency"
includes correctional institutions, and
"citizens' reward program"
has the same meaning as in section
9.92 of the Revised Code. As
used in division (H) of this
section, "township law enforcement
agencies" means an organized police
department of a township, a
township police district, a joint township police
district, or the
office of a township constable.
Sec. 2949.06. (A) If a person escapes after sentence and
before confinement in a
state correctional institution or jail,
the clerk of the trial court, upon
application of the prosecuting
attorney or by order of the court, shall issue
a warrant stating
the conviction and sentence and commanding the sheriff to
pursue
the person into any county of this state. The sheriff shall take
into
custody the person so escaping and shall make return of the
warrant to the
court if it is in session, and if it is not in
session
he
the
sheriff shall commit the
accused to the jail of the
county and bring
him
the accused
before the court at the next
session of the court. The court shall set aside the former
sentence and
again pronounce judgment upon the verdict.
(B) If a prisoner has been confined in a state correctional
institution and is subsequently released prior to the lawful end
of the term of imprisonment or prison term, whether by error,
inadvertence, fraud, or any other cause, the warden of the state
correctional institution shall make this fact known to a judge of
the court of common pleas of the county in which the correctional
institution is located or the county in which the prisoner was
convicted of the offense for which the prisoner was confined. The
warden shall provide the court with copies of the commitment
documents and documentation of the release date. The judge shall
issue a warrant stating the conviction and the sentence and
commanding the sheriff to apprehend the prisoner in any county of
the state. The sheriff shall take the prisoner into custody and
return the warrant to the court if it is in session. If it is not
in session, the sheriff shall commit the prisoner to the jail of
the county and bring the prisoner before the court at the next
session of the court. The court shall verify the identity of the
prisoner and the fact of premature release from confinement. Upon
being satisfied with these facts, the court shall remand the
prisoner to the custody of the department of rehabilitation and
correction for service of the remainder of the term of
imprisonment or prison term.
Sec. 2951.03. (A)(1) No person who has been convicted of or
pleaded
guilty to
a felony shall be placed under a
community
control sanction until a written presentence investigation report
has been considered by the court. If a court orders the
preparation of a presentence investigation report pursuant to this
section, section 2947.06 of the Revised Code, or
Criminal Rule
32.2, the officer making the report shall
inquire into the
circumstances of the offense and the criminal
record, social
history, and present condition of the defendant and any
other
matters specified in Criminal Rule 32.2.
Whenever the officer
considers it advisable, the officer's investigation may
include a
physical and mental examination of
the defendant. A physical
examination of the defendant may include a drug
test consisting of
a chemical analysis of a blood or urine
specimen of the defendant
to determine whether the defendant
ingested or was injected with a
drug of
abuse. If, pursuant to section 2930.13 of the Revised
Code, the
victim
of the offense of which the defendant has been
convicted wishes to make a
statement regarding the impact of the
offense for the officer's use in
preparing the presentence
investigation report, the officer shall comply
with the
requirements of that section. (2) If a defendant is committed to any institution,
the
presentence investigation report shall be sent to the
institution
with the entry of commitment. If a defendant is
committed to any
institution and a presentence investigation
report is not prepared
regarding that defendant pursuant to this
section, section 2947.06
of the Revised Code, or Criminal Rule
32.2, the director of the
department of rehabilitation and
correction or the director's
designee may order that an offender
background investigation and
report be conducted and prepared regarding the
defendant pursuant
to section 5120.16 of the Revised Code.
An offender background
investigation report prepared pursuant to this section shall be
considered confidential information and is not a public record
under section 149.43 of the Revised Code. (3) The department of rehabilitation and correction may use
any presentence investigation report and any offender background
investigation report prepared pursuant to this section for
penological and rehabilitative purposes. As needed to permit
programming and treatment, the department may disclose any
presentence investigation report and any offender background
investigation report to courts, law enforcement agencies,
community-based correctional facilities, halfway houses, and
medical, mental health, and substance abuse treatment providers.
The department shall make the disclosure in a manner calculated to
maintain the report's confidentiality. (B)(1) If a presentence investigation report is prepared
pursuant to this section, section 2947.06 of the Revised Code,
or
Criminal Rule 32.2, the court, at a reasonable time before
imposing sentence, shall permit the defendant or the defendant's
counsel to read the report, except that the court shall not permit
the
defendant or the defendant's counsel to read any of the
following: (a) Any recommendation as to sentence; (b) Any diagnostic opinions that, if disclosed, the court
believes might seriously disrupt a program of rehabilitation for
the defendant; (c) Any sources of information obtained upon a promise of
confidentiality; (d) Any other information that, if disclosed, the court
believes might result in physical harm or some other type of harm
to the defendant or to any other person. (2) Prior to sentencing, the court shall permit the
defendant and the defendant's counsel to comment on the
presentence
investigation report and, in its discretion, may
permit the
defendant and the defendant's counsel to introduce
testimony or
other information that relates to any alleged factual
inaccuracy
contained in the report. (3) If the court believes that any information in the
presentence investigation report should not be disclosed pursuant
to division (B)(1) of this section, the court, in lieu of making
the report or any part of the report available, shall state
orally
or in writing a summary of the factual information
contained in
the report that will be relied upon in determining
the defendant's
sentence. The court shall permit the defendant
and the
defendant's counsel to comment upon the oral or written
summary of
the report. (4) Any material that is disclosed to the defendant or the
defendant's
counsel pursuant to this section shall be disclosed to
the
prosecutor who is handling the prosecution of the case against
the defendant. (5) If the comments of the defendant or the defendant's
counsel,
the testimony they introduce, or any of the other
information they
introduce alleges any factual inaccuracy in the
presentence
investigation report or the summary of the report, the
court
shall do either of the following with respect to each
alleged
factual inaccuracy: (a) Make a finding as to the allegation; (b) Make a determination that no finding is necessary with
respect to the allegation, because the factual matter will not be
taken into account in the sentencing of the defendant. (C) A court's decision as to the content of a summary
under
division (B)(3) of this section or as to the withholding of
information under division (B)(1)(a), (b), (c), or (d) of this
section shall be considered to be within the discretion of the
court. No appeal can be taken from either of those
decisions, and
neither of those decisions shall be the basis for
a reversal of
the
sentence imposed. (D)(1) The contents of a presentence investigation report
prepared pursuant to this section, section 2947.06 of the Revised
Code, or Criminal
Rule 32.2 and the contents of any written or
oral summary of a
presentence investigation report or of a part of
a presentence investigation
report described in division (B)(3) of
this section are confidential
information and are not a public
record. The court, an appellate court,
authorized probation
officers, investigators, and court personnel, the
defendant, the
defendant's counsel, the prosecutor who is handling the
prosecution of the case against the defendant, and authorized
personnel of an
institution to which the defendant is committed
may inspect, receive copies
of, retain copies of, and use a
presentence investigation report or a written
or oral summary of a
presentence investigation only for the purposes of or
only as
authorized by Criminal Rule 32.2 or this section,
division (F)(1)
of section 2953.08, section 2947.06, or another
section of the
Revised Code. (2) Immediately following the imposition of sentence upon
the defendant,
the defendant or the defendant's counsel and the
prosecutor shall return to
the court all copies of a presentence
investigation report and of any written
summary of a presentence
investigation report or part of a
presentence investigation report
that the court made available to the
defendant or the defendant's
counsel and to the prosecutor pursuant to this
section. The
defendant or the defendant's counsel and the prosecutor shall
not
make any copies of the presentence investigation report or of any
written
summary of a presentence investigation report or part of a
presentence
investigation report that the court made available to
them pursuant to this
section. (3) Except when a presentence investigation report or a
written or oral
summary of a presentence investigation report is
being used for the purposes
of or as authorized by Criminal Rule
32.2 or this section,
division (F)(1) of section 2953.08, section
2947.06, or another
section of the Revised Code, the court or
other authorized holder of the report or summary
shall retain the
report or summary under seal. (E) As used in this section: (1) "Prosecutor" has the same meaning as in section 2935.01
of the Revised
Code. (2) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (3) "Public record" has the same meaning as in section
149.43
of the Revised Code.
Sec. 2967.14. (A) The adult parole authority may require
a
parolee or releasee to reside in a halfway house or other suitable
community residential center that has been licensed by the
division of parole and community services pursuant to division (C)
of this
section during a part
or for the entire period of the
parolee's conditional release or of the
releasee's term of
post-release control. The court of common pleas that
placed an
offender under a sanction consisting of a term in a halfway house
or
in an alternative residential sanction
may require the offender
to reside in a halfway house or other
suitable community
residential center that is designated by the court and
that has
been licensed by the division pursuant to division (C)
of this
section during a part or for the entire period of the
offender's
residential sanction. (B) The division of parole and community services may
negotiate and enter into agreements
with any public or private
agency or a department or political
subdivision of the state that
operates a halfway house or
community residential center that has
been licensed by the
division pursuant to division (C) of this
section. An agreement
under this division shall provide for
housing, supervision, and other services
that are required for
persons who have been
assigned
to a halfway house or community
residential center, including
parolees, releasees, persons placed
under a residential sanction, persons
under transitional control,
and other
eligible offenders
the purchase of beds, shall set
limits of supervision and levels of occupancy, and shall determine
the scope of services for all eligible offenders, including those
subject to a residential sanction, as defined in rules adopted by
the director of
rehabilitation and correction in accordance with
Chapter 119.
of the Revised Code.
An agreement
under this division
shall provide for per diem payments to the agency,
department, or
political subdivision on behalf of each parolee and releasee
assigned to and each person placed under a residential sanction in
a
halfway house or community residential center that
is operated
by the agency, department, or political subdivision
and that has
been licensed by the division. The
per diem
payments
for beds and
services shall be equal to the halfway house's or community
residential center's average daily per capita costs with its
facility at full occupancy. The
per diem payments
for beds and
services shall not
exceed the total operating costs of the halfway
house or
community residential center during the term of an
agreement.
The director of rehabilitation and correction shall
adopt rules
in accordance with Chapter 119. of the Revised Code
for
determining includable and excludable costs and income to be
used
in computing the agency's average daily per capita costs with
its
facility at full occupancy. The department of rehabilitation and correction may use
a
portion
no more than ten per cent of the amount appropriated to
the department each fiscal
year for the halfway house and
community residential center
program to pay for contracts for
nonresidential services for
offenders under the supervision of the
adult parole authority.
The nonresidential services may include,
but are not limited to,
treatment for
program administration,
substance abuse
services, mental health
counseling
services,
and
counseling
services for sex offenders, medication, offender
transportation, electronic monitoring, and community justice
initiatives. (C) The division of parole and community services may
license a halfway house
or community residential center as a
suitable facility for the
care and treatment of adult offenders
only if the halfway house
or community residential center complies
with the standards that
the division adopts in accordance with
Chapter 119. of the
Revised Code for the licensure of halfway
houses and community
residential centers. The division shall
annually inspect each
licensed halfway house and licensed
community residential center
to determine if it is in compliance
with the licensure standards.
Sec. 2967.27. (A)(1) The department of rehabilitation and
correction may grant escorted visits to
prisoners confined in any
state correctional facility for
the limited purpose of
visiting a
dying relative
in imminent danger of death
or
attending the
funeral of a
having a private viewing of the body of a deceased
relative. (2) Prior to granting any prisoner an escorted visit for the
limited
purpose of
visiting a dying relative or attending the
funeral of a relative under
this section, the department
shall
notify its office of
victims' services so that the office may
provide assistance to any victim or
victims of the offense
committed by the prisoner and to members of the family
of the
victim. (B) The department of rehabilitation and correction shall
adopt rules for the granting of escorted visits
under this section
and for supervising prisoners on
an escorted visit. (C) No prisoner shall be granted an escorted visit
under
this
section if the prisoner is likely to pose a threat to the
public
safety or
has a record of more than two felony commitments
(including the
present charge), not more than one of which may be
for a crime of
an assaultive nature. (D) The procedure for granting an
escorted visit under this
section is
separate from, and independent of, the transitional
control program described
in section 2967.26 of the Revised Code.
Sec. 2967.28. (A) As used in this section: (1) "Monitored time" means the monitored time
sanction
specified in section 2929.17 of the Revised
Code. (2) "Deadly weapon" and "dangerous
ordnance" have the same
meanings as in section 2923.11 of
the Revised Code. (3) "Felony sex offense" means a violation of a section
contained in
Chapter 2907. of the Revised Code that is a felony. (B) Each sentence to a prison term for a felony
of the first
degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree
that is not a felony
sex offense and in the commission of which the offender
caused or
threatened to cause physical harm to a person shall include a
requirement that the offender be subject to a period of
post-release control imposed by the parole board after the
offender's
release from imprisonment. Unless reduced by the
parole board
pursuant to division (D) of this section when
authorized under that
division, a period of
post-release control
required by this division for an offender shall be of one
of the
following periods: (1) For a felony of the first degree or for a felony sex
offense, five
years; (2) For a felony of the second degree that is not a felony
sex offense,
three years; (3) For a felony of the third degree that is not a felony
sex
offense and in the commission of which the offender caused or
threatened
physical harm to a person, three years. (C) Any sentence to a prison term for a felony
of the third,
fourth, or
fifth degree that is not subject to division (B)(1) or
(3) of this
section shall include a requirement that the offender
be
subject to a period of post-release control of up to three
years
after the offender's release from imprisonment, if the
parole board, in
accordance with division (D) of this section,
determines that a
period of post-release control is necessary for
that offender. (D)(1) Before the prisoner is released from
imprisonment,
the parole board
shall impose upon a prisoner
described in
division (B) of this section, may impose
upon a prisoner described
in division (C) of this
section, and shall impose upon a prisoner
described in division
(B)(2)(b) of section 5120.031 or in division
(B)(1) of section 5120.032 of the Revised
Code, one or more
post-release control sanctions to apply
during the prisoner's
period of post-release control. Whenever the board
imposes one or
more post-release control sanctions upon a prisoner, the board,
in
addition to imposing the sanctions, also shall include as a
condition of
the post-release control that the individual or felon
not
leave the state without permission of the court or the
individual's or felon's
parole or probation officer and that the
individual or felon abide by the
law. The board may impose any
other
conditions of release under a post-release control sanction
that the board
considers appropriate, and the conditions of
release may include any
community residential sanction, community
nonresidential sanction, or
financial sanction that the sentencing
court was authorized to impose pursuant
to sections 2929.16,
2929.17, and 2929.18 of the Revised Code. Prior to
the release of
a prisoner for whom it will impose one or more post-release
control sanctions under this division, the parole board shall
review the
prisoner's
criminal history, all
juvenile court
adjudications finding the prisoner, while a juvenile, to be a
delinquent child, and the record of the prisoner's conduct while
imprisoned. The parole board shall consider any recommendation
regarding
post-release control sanctions for the prisoner made by
the office of victims'
services. After considering those
materials, the board shall
determine, for a prisoner described in
division (B) of
this section, division (B)(2)(b) of
section
5120.031, or division (B)(1) of section 5120.032
of the Revised
Code, which post-release control
sanction or combination of
post-release control sanctions is
reasonable under the
circumstances or, for a prisoner described
in division (C) of this
section, whether a post-release
control sanction is necessary and,
if so, which post-release
control sanction or combination of
post-release control sanctions
is reasonable under the
circumstances. In the case of a prisoner convicted of
a felony of
the fourth
or fifth degree other than a felony sex offense, the
board shall presume that
monitored time is the appropriate
post-release control sanction unless the
board determines that a
more restrictive sanction is
warranted. A post-release control
sanction imposed under this
division takes effect upon the
prisoner's release from
imprisonment. (2) At any time after a prisoner is
released from
imprisonment and during the period of post-release control
applicable to the releasee, the adult parole
authority may
review
the releasee's behavior under the post-release control
sanctions
imposed upon the releasee under this section. The authority may
determine, based upon the review and in accordance with the
standards
established under division (E) of this section, that a
more
restrictive or a
less restrictive sanction is appropriate and
may impose a
different sanction. Unless the period of
post-release control was imposed for
an offense described in
division (B)(1) of this section, the
authority also may recommend
that the parole board reduce the
duration of the period of
post-release control imposed by the
court. If the authority
recommends that the board
reduce the duration of control for an
offense described in division
(B)(2), (B)(3), or (C) of this
section, the board
shall review the
releasee's behavior and may
reduce the duration of the period of
control imposed by the court.
In no case shall the board reduce the duration
of the period of
control imposed by the court for an offense described in
division
(B)(1) of this section, and in no case shall the board
permit the
releasee to leave the
state without permission of the court or the
releasee's parole or probation
officer. (E) The department of rehabilitation and correction, in
accordance with
Chapter 119. of the Revised Code, shall adopt
rules that do all of the
following: (1) Establish standards for the imposition by the
parole
board of post-release control sanctions under this section
that
are consistent with the overriding purposes and sentencing
principles set forth in section 2929.11 of the Revised
Code and
that are appropriate to the needs of releasees; (2) Establish standards by which the parole board can
determine which prisoners described in division (C) of
this
section should be placed under a period of post-release
control; (3) Establish standards to be used by the parole board
in
reducing the duration of the period of post-release control
imposed by the court when authorized under division (D) of this
section, in imposing a more restrictive post-release
control
sanction than monitored time upon a prisoner convicted of a felony
of
the fourth or fifth
degree other than a felony sex offense, or
in imposing a less restrictive
control sanction
upon a releasee
based on the releasee's activities including, but
not limited to,
remaining free from criminal activity and from
the abuse of
alcohol or other drugs, successfully participating
in approved
rehabilitation programs, maintaining employment, and
paying
restitution to the victim or meeting the terms of other
financial
sanctions; (4) Establish standards to be used by the adult parole
authority in
modifying a releasee's post-release control sanctions
pursuant to division
(D)(2) of this section; (5) Establish standards to be used by the adult parole
authority or parole
board in imposing further sanctions under
division (F) of this
section on releasees who violate post-release
control sanctions,
including standards that do the following: (a) Classify violations according to the degree of
seriousness; (b) Define the circumstances under which formal
action by
the parole board is warranted; (c) Govern the use of evidence at violation hearings; (d) Ensure procedural due process to an alleged violator; (e) Prescribe nonresidential community control
sanctions for
most misdemeanor and technical violations; (f) Provide procedures for the return of a releasee to
imprisonment for
violations of post-release control. (F)(1) If a post-release control sanction is imposed upon an
offender under
this section,
the offender upon release from
imprisonment shall be under the general
jurisdiction of the
adult
parole authority and generally shall be supervised by the
parole
supervision
field services section through its staff of parole and
field
officers as described in section 5149.04 of the Revised
Code, as if the offender had been
placed on parole. If the
offender upon release from imprisonment violates the
post-release
control sanction or any
conditions described in
division (A) of
section 2967.131 of the Revised Code that are imposed on
the
offender, the public or private
person or entity that
operates or
administers the sanction or the program or activity
that comprises
the sanction shall report the violation directly
to the adult
parole authority or to the officer of the authority
who supervises
the offender. The authority's officers may treat
the offender as
if the offender were on parole and in violation of the
parole, and
otherwise shall comply with this section. (2) If the adult parole authority determines that a
releasee
has violated a post-release control sanction or any conditions
described in division (A) of section
2967.131 of the Revised Code
imposed
upon the releasee and that a more restrictive sanction is
appropriate,
the authority may impose a more restrictive sanction
upon the
releasee, in accordance with the standards established
under
division (E) of this section,
or may report the violation to
the parole board for a hearing
pursuant to division (F)(3) of
this
section. The authority may not, pursuant to this division,
increase the duration of the releasee's post-release control or
impose as a post-release control sanction a
residential sanction
that includes a prison term,
but the authority may impose on the
releasee any other residential
sanction, nonresidential sanction,
or financial sanction that the sentencing
court was authorized to
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the
Revised Code. (3) The parole board may hold a hearing on
any alleged
violation by a releasee of a post-release control
sanction or any
conditions described in
division (A) of
section 2967.131 of the
Revised Code that are imposed upon the
releasee. If after the
hearing the
board finds that
the releasee violated the sanction or
condition, the board
may increase the
duration of the releasee's
post-release control up to the maximum
duration authorized by
division (B) or (C) of
this section or impose a more restrictive
post-release control
sanction.
When appropriate, the board may
impose as a
post-release control sanction a residential sanction
that
includes a prison term.
The board shall consider a prison
term as a post-release control
sanction imposed for a violation of
post-release control when the
violation
involves a deadly weapon
or dangerous ordnance, physical harm or
attempted serious physical
harm to a person, or sexual misconduct,
or when the releasee
committed repeated violations of
post-release control sanctions.
The period of a prison term that
is
imposed as a post-release
control sanction under this division shall not
exceed nine months,
and the maximum cumulative prison term for all
violations under
this division shall not exceed one-half
of the stated prison
term
originally imposed upon the offender as part of this sentence.
The
period of a prison term that is imposed as a
post-release
control
sanction under this division shall not count as, or be
credited
toward, the remaining period of post-release control. (4) A parolee or releasee who has violated any condition of
parole,
any post-release
control sanction, or any
conditions
described in division
(A) of section 2967.131 of the Revised Code
that are imposed upon the
releasee by
committing a felony may be
prosecuted for the new felony, and, upon conviction, the court
shall impose sentence for the new felony. In addition to the
sentence imposed for the new felony, the court may impose a
prison
term for the violation, and the term imposed for the violation
shall be
reduced by any prison term that is administratively
imposed
by the parole
board or adult parole authority as a
post-release control sanction.
If the person is a releasee, the
maximum prison term for the
violation shall be either
the maximum
period of post-release control for the earlier felony under
division
(B) or (C) of this section minus any time the
releasee
has spent under post-release control for the earlier
felony or
twelve months, whichever is greater. A prison term
imposed for
the violation shall be served consecutively to any
prison term
imposed for the new felony. If the person is a
releasee, a prison
term imposed
for the violation, and a prison term imposed for the
new felony, shall not
count as, or be credited toward, the
remaining period of post-release control
imposed for the earlier
felony. (5) Any period of post-release control shall commence upon
an
offender's actual release from prison. If an offender is
serving an
indefinite prison term or a life sentence in addition
to a stated prison term,
the offender shall serve the period of
post-release control in the following
manner: (a) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under a
life sentence or an indefinite sentence, and if the period
of post-release
control ends prior to the period of parole, the
offender shall be supervised
on parole. The offender shall
receive credit for post-release control
supervision during the
period of parole. The offender is not eligible for
final release
under section 2967.16 of the Revised Code until
the post-release
control period
otherwise would have ended. (b) If a period of post-release control is imposed upon the
offender and if the offender also is subject to a period of parole
under an
indefinite sentence, and if the period of parole ends
prior to the period of
post-release control, the offender shall be
supervised on post-release
control. The requirements of parole
supervision shall be satisfied during the
post-release control
period. (c) If an offender is subject to more than one period of
post-release control, the period of post-release control for all
of the
sentences shall be the period of post-release control that
expires last, as
determined by the parole board. Periods of
post-release control shall be
served concurrently and shall not be
imposed consecutively to each other. (d) The period of
post-release control for a releasee who
commits a felony while
under post-release control for an earlier
felony shall be the
longer of the period of post-release control
specified for the
new felony under division (B) or (C) of this
section or the time remaining under the period of post-release
control imposed for the earlier felony as determined by the parole
board.
Sec. 3101.05. (A) The parties to a marriage shall make an
application for a marriage license. Each of the persons seeking a
marriage license shall personally appear in the probate court
within the county where either resides, or, if neither is a
resident of this state, where the marriage is expected to be
solemnized. If neither party is a resident of this state, the
marriage may be solemnized only in the county where the license is
obtained. Each party shall make application and shall state upon
oath, the party's name, age, residence, place of birth,
occupation, father's name, and mother's maiden name, if known, and
the name of the person who is expected to solemnize the marriage.
If either party has been previously married, the application shall
include the names of the parties to any previous marriage and of
any minor children, and if divorced the jurisdiction, date, and
case number of the decree. If either applicant is under the age
of eighteen years, the judge shall require the applicants to state
that they received marriage counseling satisfactory to the court.
Except as otherwise provided in this division, the application
also shall include each party's social security number. In lieu
of requiring each party's social security number on the
application, the court may obtain each party's social security
number, retain the social security numbers in a separate record,
and allow a number other than the social security number to be
used on the application for reference purposes. If a court allows
the use of a number other than the social security number to be
used on the application for reference purposes, the record
containing the social security number is not a public record,
except that, in any of the circumstances set forth in divisions
(A)(1) to (4) of section 3101.051 of the Revised Code, the record
containing the social security number shall be made available for
inspection under section 149.43 of the Revised Code.
Immediately upon receipt of an application for a marriage
license, the court shall place the parties' record in a book kept
for that purpose. If the probate judge is satisfied that there is
no legal impediment and if one or both of the parties are present,
the probate judge shall grant the marriage license. If the judge is satisfied from the affidavit of a reputable
physician in active practice and residing in the county where the
probate court is located, that one of the parties is unable to
appear in court, by reason of illness or other physical
disability, a marriage license may be granted upon application and
oath of the other party to the contemplated marriage; but in that
case the person who is unable to appear in court, at the time of
making application for a marriage license, shall make and file in
that court, an affidavit setting forth the information required of
applicants for a marriage license.
If one of the parties is unable to appear in court by reason
of the party's confinement in a state correctional institution,
the judge may grant a marriage license upon application and oath
of the other party to the contemplated marriage who is not so
confined. The person who is unable to appear in court shall make
and have filed in that court at the time of applying for the
marriage license an affidavit setting forth the information
required of applicants for a marriage license. A probate judge may grant a marriage license under this
section at any time after the application is made. A marriage license issued shall not display the social
security number of either party to the marriage. (B) An applicant for a marriage license who knowingly makes
a false statement in an application or affidavit prescribed by
this section is guilty of falsification under section 2921.13 of
the Revised Code. (C) No licensing officer shall issue a marriage license if
the officer has not received the application, affidavit, or other
statements prescribed by this section or if the officer has reason
to believe that any of the statements in a marriage license
application or in an affidavit prescribed by this section are
false. (D) Any fine collected for violation of this section shall
be paid to the use of the county together with the costs of
prosecution.
Sec. 5120.01. The director of rehabilitation and correction
is the executive
head of the department of rehabilitation and
correction. All duties conferred
on the various divisions and
institutions of the department by law or by order
of the director
shall be performed under
such
the rules and regulations
as
he
that
the director prescribes, and shall be under
his
the
director's
control.
The
Inmates committed to the department of rehabilitation
and correction shall be under the legal custody of the director
or
the director's designee, and the director or the director's
designee shall have power to control transfers of
inmates between
the several state institutions included under section 5120.05
of
the Revised Code.
Sec. 5120.21. (A) The department of rehabilitation and
correction shall keep in its office, accessible only to its
employees, except by the consent of the department or the order
of
the judge of a court of record, and except as provided in
division
(C) of this section, a record showing the name,
residence, sex,
age, nativity, occupation, condition, and date of
entrance or
commitment of every inmate in the several
institutions governed by
it. The record also shall include the
date, cause, and terms of
discharge and the condition of such
person at the time of leaving,
a record of all transfers from one
institution to another, and, if
such inmate is dead, the date and
cause of death. These and other
facts that the department
requires shall be furnished by the
managing officer of each
institution within ten days after the
commitment, entrance,
death, or discharge of an inmate. (B) In case of an accident or injury or peculiar death of
an
inmate, the managing officer shall make a special report to
the
department within twenty-four hours thereafter, giving the
circumstances as fully as possible. (C)(1) As used in this division, "medical record" means
any
document or combination of documents that pertains to the
medical
history, diagnosis, prognosis, or medical condition of a
patient
and that is generated and maintained in the process of
medical
treatment. (2) A separate medical record of every inmate in an
institution governed by the department shall be compiled,
maintained, and kept apart from and independently of any other
record pertaining to the inmate. Upon the signed written request
of the inmate to whom the record pertains together with the
written request of either a licensed attorney at law or a
licensed
physician designated by the inmate, the department shall
make the
inmate's medical record available to the designated
attorney or
physician. The record may be inspected or copied by
the inmate's
designated attorney or physician. The department
may establish a
reasonable fee for the copying of any medical
record. If a
physician concludes that presentation of all or any
part of the
medical record directly to the inmate will result in
serious
medical harm to the inmate, the physician shall so
indicate on the
medical record. An inmate's medical record shall be made
available to a physician or to an attorney designated in writing
by the inmate not more than once every twelve months. (D) Except as otherwise provided by a law of this state or
the
United Sates, the department and the officers of its
institutions shall keep
confidential and accessible only to its
employees, except by the consent of
the department or the order of
a judge of a court of record, all of the
following: (1) Architectural, engineering, or construction diagrams,
drawings, or plans
of a correctional institution; (2) Plans for hostage negotiation, for disturbance control,
for the control
and location of keys, and for dealing with
escapes; (3) Statements made by inmate informants; (4) Records that are maintained by the department of youth
services, that
pertain to children in its custody, and that are
released to the department of
rehabilitation and correction by the
department of youth services pursuant to
section 5139.05 of the
Revised Code; (5) Victim impact statements and information provided by
victims of crimes that the department considers when determining
the security level assignment, program participation, and release
eligibility of inmates; (6) Information and data of any kind or medium pertaining to
groups that pose a security threat;
(7) Conversations recorded from the monitored inmate
telephones that involve non-privileged communications;
(8) The addresses and names of family members of department
employees. (E) Except as otherwise provided by a law of this state or
the
United States, the department of rehabilitation and
correction
may release inmate records to the department of youth services or
a
court of record, and the department of youth services or the
court of record
may use those records for the limited purpose of
carrying out the duties of
the department of youth services or the
court of record. Inmate records
released by the department of
rehabilitation and correction to the department
of youth services
or a court of record shall remain confidential and shall not
be
considered public records as defined in section 149.43 of the
Revised Code. (F) Except as otherwise provided in division (C) of this
section, records of inmates committed to the department of
rehabilitation and
correction as well as records of persons under
the supervision of the adult
parole authority shall not be
considered public records as defined in section
149.43 of the
Revised Code.
Sec. 5120.38. Subject to the rules of the
department of
rehabilitation and correction, each institution
under the
department's jurisdiction other than an institution operated
pursuant to a contract entered into under section 9.06 of the
Revised Code
shall be under the control of
a managing officer
known as a warden or other
appropriate
title. The managing
officer shall be appointed by the
director
of the department of
rehabilitation and correction and shall be
in the unclassified
service and serve at the pleasure of the
director. Appointment to
the position of managing officer shall
be made from persons who
have criminal justice experience. A person who is appointed to the position of
managing officer
from a position in the classified service shall retain
the
right
to resume the status that the person held in
the classified
service immediately prior to the appointment. Upon being
relieved
of the person's duties as managing officer, the
person shall be
reinstated to the position in the classified service that the
person
held
immediately prior to the appointment to the position
of
managing
officer or to another position that the
director, with
approval of the state department of administrative
services,
certifies as being
substantially equal to that prior position.
Service as a
managing
officer shall be counted as service in the
position in the
classified service held by the person immediately
preceding
the
person's
appointment as managing officer. A person
who
is reinstated
to a position in the classified service, as
provided in this
section, shall be entitled to all rights and
emoluments
accruing to the position during the time of the
person's
service as
managing officer. The managing officer, under the director, shall have entire
executive charge of the institution for which the managing
officer
is appointed. Subject to civil service rules and
regulations, the
managing officer shall appoint the necessary
employees and the
managing officer or the director may remove
such employees for
cause. A report of all appointments, resignations, and
discharges
shall be filed with the director at the close of each
month. After conference with the managing officer of each
institution, the director shall determine the number of employees
to be appointed to the various institutions.
Sec. 5120.421. (A) As used in this section: (1) "Body cavity search" means an inspection of the anal
or
vaginal cavity of a person that is conducted visually,
manually,
by means of any instrument, apparatus, or object, or in
any other
manner. (2) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code. (3) "Drug of abuse" has the same meaning as in section
3719.011 of the Revised Code. (4) "Intoxicating liquor" has the same meaning as in
section
4301.01 of the Revised Code. (5) "Strip search" means an inspection of the genitalia,
buttocks, breasts, or undergarments of a person that is preceded
by the removal or rearrangement of some or all of the person's
clothing that directly covers the person's genitalia, buttocks,
breasts, or undergarments and that is conducted visually,
manually, by means of any instrument, apparatus, or object, or in
any other manner. (B) For purposes of determining whether visitors to an
institution under the control of the department of rehabilitation
and correction are knowingly conveying, or attempting to convey,
onto the grounds of the institution any deadly weapon, dangerous
ordnance, drug of abuse,
or intoxicating liquor, or electronic
communications device in violation of
section 2921.36 of the
Revised Code, the department may adopt
rules, pursuant to Chapter
119. of the Revised Code, that are
consistent with this section. (C) For the purposes described in division (B) of this
section, visitors who are entering or have entered an institution
under the control of the department of rehabilitation and
correction may be searched by the use of a magnetometer or
similar
device, by a pat-down of the visitor's person that is
conducted by
a person of the same sex as that of the visitor, and
by an
examination of the contents of pockets, bags, purses,
packages,
and other containers proposed to be conveyed or already
conveyed
onto the grounds of the institution. Searches of
visitors
authorized by this division may be conducted without
cause, but
shall be conducted uniformly or by automatic random
selection.
Discriminatory or arbitrary selection searches of
visitors are
prohibited under this division. (D) For the purposes described in division (B) of this
section, visitors who are entering or have entered an institution
under the control of the department of rehabilitation and
correction may be searched by a strip or body cavity search, but
only under the circumstances described in this division. In
order
for a strip or body cavity search to be conducted of a
visitor,
the highest officer present in the institution shall
expressly
authorize the search on the basis of a reasonable
suspicion, based
on specific objective facts and reasonable
inferences drawn from
those facts in the light of experience,
that a visitor proposed to
be so searched possesses, and intends
to convey or already has
conveyed, a deadly weapon, dangerous
ordnance, drug of abuse,
or
intoxicating liquor, or electronic communications device onto the
grounds
of the institution in violation of section 2921.36 of the
Revised
Code. Except as otherwise provided in this division, prior to the
conduct of the strip or body cavity search, the highest officer
present in the institution shall cause the visitor to be provided
with a written statement that sets forth the specific objective
facts upon which the proposed search is based. In the case of an
emergency under which time constraints make it impossible to
prepare the written statement before the conduct of the proposed
search, the highest officer in the institution instead shall
cause
the visitor to be orally informed of the specific objective
facts
upon which the proposed search is based prior to its
conduct, and
shall cause the preparation of the written statement
and its
provision to the visitor within twenty-four hours after
the
conduct of the search. Both the highest officer present in
the
institution and the visitor shall retain a copy of a written
statement provided in accordance with this division. Any strip or body cavity search conducted pursuant to this
division shall be conducted in a private setting by a person of
the same sex as that of the visitor. Any body cavity search
conducted under this division additionally shall be conducted by
medical personnel. This division does not preclude, and shall not be construed
as precluding, a less intrusive search as authorized by division
(C) of this section when reasonable suspicion as described in
this
division exists for a strip or body cavity search.
Sec. 5120.48.
(A) If a prisoner escapes from a state
correctional institution,
the managing officer of the institution,
after consultation with and upon the
advice of appropriate law
enforcement officials, shall assign and deploy into
the community
appropriate staff persons necessary to apprehend the prisoner.
Correctional officers and officials may carry firearms when
required in the
discharge of their duties in apprehending, taking
into custody, or
transporting to a place of confinement a prisoner
who has escaped from a state
correctional institution. (B) If a prisoner is released from a state correctional
institution prior to the lawful end of the person's prison term or
term of imprisonment, whether by error, inadvertence, fraud, or
any other cause except a lawful parole, the managing officer of
the institution, after consulting with the bureau of sentence
computation, shall notify the chief of the adult parole authority,
the office of victim services of the division of parole and
community services, and the sentencing court of the mistaken
release. Upon the direction of the chief, or the chief's
designee, field officers of the authority may arrest the prisoner
without a warrant and return the prisoner to the state
correctional institution to complete the balance of the prisoner's
sentence. The chief of the adult parole authority, or the chief's
designee, may require the assistance of any peace officer or law
enforcement officer in the apprehension of a prisoner of that
nature.
Sec. 5120.60. (A) There is hereby created in the
division
of parole and community services the office of victims' services. (B) The office shall
provide assistance to victims of crime,
victims' representatives
designated under section 2930.02 of the
Revised Code, and
members of the victim's family. The assistance
shall include, but not be
limited to, providing
information about
the policies and procedures of the department of
rehabilitation
and correction and the status of offenders under the
department's
jurisdiction. (C) The office shall also make available
publications that
will assist victims in contacting staff of the department
about
problems with offenders under the supervision of the adult parole
authority or confined in state correctional institutions under the
department's jurisdiction. (D) The office shall employ a victims
coordinator who shall
administer the office's functions. The victims
coordinator shall
be in the unclassified civil service and report
directly to the
chief of the division. (E) The office shall also employ at
least three persons in
the unclassified civil service whose primary duties
shall be to
help parole board hearing officers identify victims' issues and
to
make recommendations to the parole board in accordance with rules
adopted
by
the department. The member of the parole board
appointed pursuant to division
(B) of section 5149.10 of the
Revised Code
shall approve the hiring of the employees of the
office. (F) The office shall coordinate its
activities with the
member of the parole board appointed pursuant to division
(B) of
section 5149.10 of the Revised Code. The
victims coordinator and
other employees of the office shall have full access
to records of
prisoners under the department's jurisdiction. (G)
Information provided to the office of victim services by
victims of crime or a victim representative designated under
section 2930.02 of the Revised Code for the purpose of program
participation, of receiving services, or to communicate acts of an
inmate or person under the supervision of the adult parole
authority that threaten the safety and security of the victim
shall be confidential and is not a public record under section
149.43 of the Revised Code. (H) As used in this section, "crime," "member of the victim's
family," and "victim" have the meanings given in section 2930.01
of the
Revised Code.
Sec. 5139.251. (A) As used in this section: (1) "Body cavity search" and "strip search" have the same
meanings as in section 5120.421 of the Revised Code. (2) "Deadly weapon" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the Revised Code. (3) "Drug of abuse" has the same meaning as in section
3719.011 of the Revised Code. (4) "Intoxicating liquor" has the same meaning as in
section
4301.01 of the Revised Code. (B) For purposes of determining whether visitors to an
institution under the control of the department of youth services
are knowingly conveying, or attempting to convey, onto the
grounds
of the institution any deadly weapon, dangerous ordnance,
drug of
abuse,
or intoxicating liquor, or electronic communications device
in violation of section
2921.36 of the Revised Code, the
department may adopt rules,
pursuant to Chapter 119. of the
Revised Code, that are consistent
with this section. (C) For the purposes described in division (B) of this
section, visitors who are entering or have entered an institution
under the control of the department of youth services may be
searched by the use of a magnetometer or similar device, by a
pat-down of the visitor's person that is conducted by a person of
the same sex as that of the visitor, and by an examination of the
contents of pockets, bags, purses, packages, and other containers
proposed to be conveyed or already conveyed onto the grounds of
the institution. Searches of visitors authorized by this
division
may be conducted without cause, but shall be conducted
uniformly
or by automatic random selection. Discriminatory or
arbitrary
selection searches of visitors are prohibited under
this division. (D) For the purposes described in division (B) of this
section, visitors who are entering or have entered an institution
under the control of the department of youth services may be
searched by a strip or body cavity search, but only under the
circumstances described in this division. In order for a strip
or
body cavity search to be conducted of a visitor, the highest
officer present in the institution shall expressly authorize the
search on the basis of a reasonable suspicion, based on specific
objective facts and reasonable inferences drawn from those facts
in the light of experience, that a visitor proposed to be so
searched possesses, and intends to convey or already has
conveyed,
a deadly weapon, dangerous ordnance, drug of abuse,
or
intoxicating liquor, or electronics communication device onto the
grounds of the institution in
violation of section 2921.36 of the
Revised Code. Except as otherwise provided in this division, prior to the
conduct of the strip or body cavity search, the highest officer
present in the institution shall cause the visitor to be provided
with a written statement that sets forth the specific objective
facts upon which the proposed search is based. In the case of an
emergency under which time constraints make it impossible to
prepare the written statement before the conduct of the proposed
search, the highest officer in the institution instead shall
cause
the visitor to be orally informed of the specific objective
facts
upon which the proposed search is based prior to its
conduct, and
shall cause the preparation of the written statement
and its
provision to the visitor within twenty-four hours after
the
conduct of the search. Both the highest officer present in
the
institution and the visitor shall retain a copy of a written
statement provided in accordance with this division. Any strip or body cavity search conducted pursuant to this
division shall be conducted in a private setting by a person of
the same sex as that of the visitor. Any body cavity search
conducted under this division additionally shall be conducted by
medical personnel. This division does not preclude, and shall not be construed
as precluding, a less
instrusive
intrusive search as authorized
by
division (C) of this section when reasonable suspicion as
described in this division exists for a strip or body cavity
search.
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. (C) The department of rehabilitation and correction may
exclude certain prisoners from the requirement to take courses
pursuant to division (B)(1) of this section for a clearly
established medical, mental health, or security reason. Any
exclusion under this division shall be only for a clearly
established medical, mental health, or security reason. Within
six months after the effective date of this amendment, the
department shall adopt rules pursuant to Chapter 119. of the
Revised Code to establish the criteria and procedures for an
exclusion under this division.
Sec. 5145.163. (A) As used in this section:
(1) "Inmate" includes any person who is committed to a
detention facility, who is in the custody of the department of
rehabilitation and correction, and who is participating in an
approved assignment under the federal prison industries
enhancement certification program. "Inmate" does not include a
prisoner confined within a detention facility operated by
or for a
political subdivision.
(2) "Federal prison industries enhancement certification
program" means the program authorized pursuant to 18 U.S.C. 1761.
(B) Private employers who purchase goods made by inmates
or utilize inmate labor in the production of goods
under the
federal prison industries enhancement certification
program shall
purchase and be solely responsible to provide a
policy of
insurance for inmates participating in the program. (C) The policy of insurance required by this section shall
provide benefit payments for any inmate who sustains a compensable
injury while
participating in the program. The benefit payments
shall compensate the inmate for any
temporary or permanent loss
of earning capacity that results from a compensable injury. The
benefits
shall be awarded upon the inmate's release from prison by
parole
or final discharge. The policy of insurance shall provide
coverage
for injuries occurring during activities that
are an
integral part of the inmate's participation in the program
production. The policy of insurance shall not pay benefits for
injuries occurring as the result of a fight, assault, horseplay,
or other activity that is prohibited by the department's or
institution's inmate conduct rules.
(D) Private employers shall submit to the prison labor
advisory board as a requirement for participation in the federal
prison industries enhancement certification program proof of
liability coverage that meets or exceeds the requirements set
forth in 18 U.S.C. 1761(c)(3).
(E) Inmates covered under this section are not employees
of the department of rehabilitation and correction or the private
employer. Nothing in this section shall be construed as creating
a contract for hire between the inmate and any other entity.
(F) Any inmate participating in the federal prison
industries enhancement certification program is ineligible to
receive compensation or benefits under Chapters 4121., 4123.,
4127., or 4131. of the Revised Code for any injury, death, or
occupational disease received in the course of, and arising out
of, participation in that program. Any claim for an
injury
arising from an inmate's participation in the program is
specifically
excluded from the jurisdiction of the Ohio bureau of
workers'
compensation and the industrial commission of Ohio.
(G) Any liability benefit awarded for any injury under this
provision shall be the exclusive remedy against the private
employer and the state.
(H) If any inmate awarded liability benefits under this
provision is recommitted to the custody of the department of
rehabilitation and correction, the benefits shall immediately
cease but shall resume upon the inmate's subsequent parole or
discharge from incarceration.
Sec. 5149.02. There is hereby created in the division of
parole and community services of the department of rehabilitation
and correction at bureau level an adult parole authority. The
adult parole authority consists of its chief, a
parole
supervision
field services section,
a probation development and supervision
section, and a parole board. The director of rehabilitation and
correction
shall appoint the chief of the adult parole authority,
the superintendent of
the parole supervision section, the
superintendent
one or more superintendents of the
probation
development and supervision
field services section, and the
chairman
chairperson of the parole board, all
of whom shall serve
at the pleasure of the director and shall be in the
unclassified
civil service. The authority is a regular administrative unit of the
department of rehabilitation and correction and shall operate
under rules adopted by the director. The chief of
the division of
parole and community services may adopt
supplemental rules
governing operation of the authority,
assigning specific powers
and duties to the chief of the
authority, and assigning specific
functions to sections within
the authority. No person shall be appointed as chief of the adult parole
authority who is not
qualified by education or experience in
correctional work, including law
enforcement, probation, or
parole, in law, in social work, or in a combination
of the three
categories.
Sec. 5149.04. (A) Persons paroled
or, conditionally
pardoned, or released to community supervision shall be under
jurisdiction of the adult parole
authority and shall be supervised
by the
parole supervision
field services
section through its staff
of parole and field officers in such
manner as to insure as nearly
as possible the
parolee's
offender's
rehabilitation while at the
same time providing maximum
protection to the general public. All
state and local officials
shall furnish such information to
officers of the
parole supervision section
as
is requested by the
superintendent of the section
they may request in the
performance
of
his
their duties. (B) The superintendent, or superintendents, of the
parole
supervision
field services section shall be a person, or persons,
especially qualified by training and experience in the
field of
correction
corrections.
He
The superintendent, or superintendents,
shall supervise the
work of the section
and shall formulate and
execute an effective program of
parole
offender
supervision.
He
The superintendent, or superintendents, shall collect and
preserve
any records and
statistics with respect to
parolees
offenders that
are required by the
chief of the authority.
The section also shall
include other personnel who are necessary for the performance of
the section's duties. No person shall be appointed as
a superintendent who is not
qualified by education or experience in correctional work
(including law enforcement, probation, or parole)
work, in law, in
social work, or in a combination of the three categories. (C) The superintendent, or superintendents, of the
parole
supervision
field services section, with the approval
of the chief
of the authority, may establish
district offices for the section
and may assign necessary parole
and field officers and clerical
staff to the district offices. (D) The
parole supervision
field services section in the
exercise of its
supervision over
parolees
offenders and persons
conditionally pardoned
shall carry out all lawful orders, terms,
and conditions
prescribed by the authority, the chief of the
division of parole
and community services, or the governor.
Sec. 5149.06. (A)
The
One of the primary
duty
duties of the
field services section
on probation
development and supervision is
to assist the counties in
developing their own probation services
on either a single-county
or multiple-county basis. The section,
within limits of
available personnel and funds, may supervise
selected
probationers from local courts. The section consists of
a superintendent of probation
and
other personnel who are necessary for
performance of the
section's
duties. No person shall be appointed
superintendent
who is not
qualified by education or experience in
correctional
work,
including law enforcement, probation, or parole
work, in
law, in
social work, or in a combination of the three
categories.
(B) The adult parole authority probation services fund
shall
be created in the state treasury. The fund shall consist
of all
moneys that are paid to the treasurer of any county under
section
2951.021 of the Revised Code for deposit into the
county's
probation services fund established under division
(A)(1) of
section 321.44 of the Revised Code and that
subsequently are
appropriated and transferred to the adult parole
authority
probation services fund under division (A)(2) of that
section.
The
chief of the adult parole authority, with the
approval of the
director of the department of rehabilitation and
correction, shall
use the money contained in the adult parole
authority probation
services fund for probation-related expenses
in the counties for
which the authority provides probation
services.
Probation-related
expenses may include specialized
staff, purchase
of equipment,
purchase of services,
reconciliation programs for
victims and
offenders, other
treatment programs, including alcohol
and drug
addiction programs
certified under section 3793.06 of the
Revised
Code, determined
to be appropriate by the chief of the
authority,
and other
similar probation-related expenses.
Sec. 5149.10. (A) The parole board shall consist of
up to
twelve
members, one of
whom shall be designated as chairperson by
the
director of the department of rehabilitation and correction
and
who shall continue as chairperson until a successor is
designated,
and any other personnel that are necessary for the
orderly
performance of the duties of the board. In addition to
the rules
authorized by section 5149.02 of the Revised Code, the
chief of
the adult parole authority, subject to the approval of
the
chief
of the division of parole and community services and
subject to
this
section, shall adopt
rules governing the
proceedings of the
parole board. The rules
shall provide for the
convening of full
board hearings,
the procedures to be followed in
full board
hearings, and general procedures to be followed in
other hearings
of the board and by the board's hearing officers.
The rules also
shall
require agreement by a majority of all the
board members to
any
recommendation of clemency transmitted to the
governor. When the board members sit as a full board, the
chairperson
shall preside. The
chairperson shall also allocate the work of
the parole
board among the board members. The full board shall
meet at least once
each month. In the case of a tie vote on the
full board, the chief of the
adult parole authority shall cast the
deciding vote. The chairperson may
designate a person to serve in
the chairperson's place. Except as otherwise provided in division (B) of this
section,
no person shall be appointed a member of the board who is
not
qualified by education or experience in correctional work,
including law enforcement, prosecution of offenses, advocating for
the
rights of victims of crime, probation, or parole, in law, in
social work, or in a combination of the three categories. (B) The director of rehabilitation and correction, in
consultation with the governor, shall appoint one member of the
board, who
shall
be a person who has been a victim of crime or who
is a member of a victim's
family or who represents an organization
that advocates for the rights of
victims of crime. After
appointment, this member shall be an unclassified
employee of the
department of rehabilitation and correction. The initial appointment shall be for a term ending four years
after the
effective date of this amendment. Thereafter, the term
of office of the
member appointed
under this division shall be for
four years, with each term ending on the same
day of the same
month as did the term that it succeeds. The member
shall hold
office from the date of appointment until the
end of the term for
which the member was appointed and
may be reappointed. Vacancies
shall be filled in the manner provided for
original appointments.
Any member appointed under this division to fill a
vacancy
occurring prior to the expiration date of the term for which the
member's
predecessor was appointed shall hold office as a member
for the remainder of
that term. The member appointed under this
division shall continue in office
subsequent to the expiration
date of the member's term until the member's
successor takes
office or until a period of sixty days has elapsed, whichever
occurs first. The member appointed under this division shall be compensated
in the same
manner as other board members and shall be reimbursed
for actual and necessary
expenses incurred in the performance of
the members' duties. The member may
vote on all cases heard by
the
full board under section 5149.101 of the Revised Code, has
such duties as are
assigned by the chairperson of the board, and
shall coordinate the member's
activities with the office of
victims' services created under section 5120.60
of the Revised
Code. As used in this division,
"crime,"
"member of the victim's
family," and
"victim" have the meanings given in section 2930.01
of the Revised Code. (C) The chairperson shall submit all recommendations for or
against clemency directly to the governor. (D) The chairperson shall transmit to the chief of the adult
parole
authority all determinations for or against parole made by
the board. Parole
determinations are final and
are not subject to
review or change by the chief. (E) In addition to its duties pertaining to parole and
clemency,
if an offender is sentenced to a prison term pursuant to
division
(A)(3) of section 2971.03 of the Revised Code, the parole
board shall have
control over the
offenders
offender's service of
the prison
term during the entire term
unless the board terminates
its
control in accordance with section 2971.04
of the Revised
Code.
The parole board may
terminate its control over the
offender's
service of the prison term
only in accordance with
section 2971.04
of the Revised Code.
Sec. 5149.12. The adult parole authority shall exercise
general supervision over the work of all probation and parole
officers throughout the state,
including
excluding those appointed
in
county probation departments and those appointed by municipal
judges. The authority shall collect and publish statistical and
other
information and make recommendations as to the operation of
the
probation and parole system. It shall keep itself informed
as to
the work of probation and parole officers, and shall
inquire into
their conduct and efficiency. It may require
reports from
probation officers on blanks which it furnishes. It
shall each
year inform the courts and probation and parole
officers of any
legislation directly affecting probation or
parole, and shall each
year publish a list of all probation and
parole officers. It
shall endeavor, by such means as seem most
suitable, to secure the
effective application of the probation
and parole system and
enforcement of the probation and parole law
in all parts of the
state.
The authority shall make an annual report which shows the
results of the state parole system and the probation system as
administered in the various counties.
The authority, in discharge of its duties, shall have
access
to all offices and records of probation departments and
officers
within the state.
Section 2. That existing sections 2151.421, 2301.54,
2907.03, 2921.36, 2933.41, 2949.06, 2951.03, 2967.14, 2967.27,
2967.28,
3101.05, 5120.01, 5120.21, 5120.38, 5120.421, 5120.48,
5120.60, 5139.251, 5145.06,
5149.02, 5149.04, 5149.06, 5149.10,
and 5149.12 of the Revised
Code are hereby repealed.
Section 3. Section 5149.06 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 406 and Am. Sub. H.B. 571 of
the 120th General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
|
|