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(126th General Assembly)(Amended Substitute House Bill Number 162)
AN ACTTo amend sections 2152.20, 2301.51, 2301.52, 2301.55, 2301.56, 2301.57, 2744.01, 2929.01, 2929.34, 2929.37, 2929.38, 4117.01, 5120.031, 5120.111, 5120.112, and 5149.34, to enact new section 2301.58 and section 2301.571, and to repeal sections 2301.53, 2301.54, and 2301.58 of the Revised Code to revise the law governing community-based correctional facilities and district community-based correctional facilities. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2152.20, 2301.51, 2301.52, 2301.55, 2301.56, 2301.57, 2744.01, 2929.01, 2929.34, 2929.37, 2929.38, 4117.01, 5120.031, 5120.111, 5120.112, and 5149.34 be amended and new section 2301.58 and section 2301.571 of the Revised Code be enacted to read as follows:
Sec. 2152.20. (A) If a child is adjudicated a delinquent
child
or a juvenile traffic offender, the court may order any of
the
following dispositions, in addition to any other disposition
authorized or required by this chapter: (1) Impose a fine in accordance with the following schedule: (a) For an act that would be a minor misdemeanor or an
unclassified misdemeanor if committed by an adult, a fine not to
exceed
fifty dollars; (b) For an act that would be a misdemeanor of the fourth
degree
if committed by an adult, a fine not to exceed one hundred
dollars; (c) For an act that would be a misdemeanor of the third
degree if
committed by an adult, a fine not to exceed one hundred
fifty
dollars; (d) For an act that would be a misdemeanor of the second
degree
if committed by an adult, a fine not to exceed two hundred
dollars; (e) For an act that would be a misdemeanor of the first
degree if
committed by an adult, a fine not to exceed two hundred
fifty
dollars; (f) For an act that would be a felony of the fifth degree or
an
unclassified felony if committed by an adult, a fine not to
exceed three
hundred dollars; (g) For an act that would be a felony of the fourth degree
if
committed by an adult, a fine not to exceed four hundred
dollars; (h) For an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty
dollars; (i) For an act that would be a felony of the second degree
if
committed by an adult, a fine not to exceed one thousand
dollars; (j) For an act that would be a felony of the first degree if
committed by an adult, a fine not to exceed one thousand five
hundred
dollars; (k) For an act that would be aggravated murder or murder if
committed by an adult, a fine not to exceed two thousand dollars. (2) Require the child to pay costs; (3) Unless the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau, require the child to make restitution to the victim of
the
child's delinquent act or juvenile traffic offense or, if the victim is deceased, to a
survivor of
the victim in an amount based upon the victim's
economic loss caused by
or related to the delinquent act or juvenile traffic offense.
The court may not require a child to make restitution pursuant to this division if the child's delinquent act or juvenile traffic offense would be a minor misdemeanor if committed by an adult or could be disposed of by the juvenile traffic violations bureau serving the court under Traffic Rule 13.1 if the court has established a juvenile traffic violations bureau. If the court requires restitution under this
division, the restitution shall be made directly to
the victim in open court or to
the probation department that
serves the jurisdiction or the clerk
of courts on behalf of the
victim. If the court requires restitution under this division, the restitution may be in the form
of a
cash reimbursement paid in a lump sum or in installments, the
performance of repair work to restore any damaged property to its
original condition, the performance of a reasonable amount of
labor for the victim or survivor of the victim, the performance of
community service work, any other form of restitution devised by
the court, or any combination of the previously described forms of
restitution. If the court requires restitution under this division, the court may base the restitution order
on an
amount recommended by the victim or survivor of the victim,
the
delinquent child, the juvenile traffic offender, a presentence investigation report,
estimates or
receipts indicating the cost of repairing or
replacing property, and any
other information, provided that the amount the court orders as restitution shall not exceed the amount of the economic loss suffered by the victim as a direct and proximate result of the delinquent act or juvenile traffic offense. If the court decides to order restitution under this division and the amount of
the restitution is disputed
by the victim or survivor or by the
delinquent child or juvenile traffic offender, the court
shall hold a hearing on the
restitution. If the court requires restitution under this division, the court shall
determine, or order the
determination of, the amount of
restitution to be paid by the
delinquent child or juvenile traffic offender. All restitution
payments shall be credited
against any recovery of economic loss
in a civil action brought by
or on behalf of the victim against
the delinquent child or juvenile traffic offender or the
delinquent child's or juvenile traffic offender's parent, guardian,
or other custodian. If the court requires restitution under this division, the court may order that the delinquent child or juvenile traffic offender pay a
surcharge, in
an amount not exceeding five per cent of the amount
of restitution
otherwise ordered under this division, to the
entity responsible for
collecting and processing the restitution
payments. The victim or the survivor of the victim may request that the
prosecuting authority file a motion, or the delinquent child or juvenile traffic offender may
file a
motion, for modification of the payment terms of any
restitution ordered
under this division.
If the court
grants the motion, it may modify the payment terms as it
determines appropriate. (4) Require the child to reimburse any or all of the costs
incurred for services or sanctions provided or imposed, including,
but
not limited to, the following: (a) All or part of the costs of implementing any community
control imposed as a disposition under section 2152.19 of the
Revised Code, including a
supervision fee; (b) All or part of the costs of confinement in a residential
facility described in section 2152.19 of the Revised Code or in a
department of youth services institution, including, but not
limited to, a per
diem fee for room and board, the costs of
medical and
dental treatment provided, and the costs of repairing
property the
delinquent child damaged while so confined. The
amount of
reimbursement ordered for a child under this division
shall not
exceed the total amount of
reimbursement the child is
able to pay as determined at a hearing and shall
not exceed the
actual cost of the confinement. The court may collect any
reimbursement ordered under this division. If the court
does not
order reimbursement under this division, confinement
costs may be
assessed pursuant to a repayment policy adopted under
section
2929.37 of the Revised Code and
division
(D)
of section 307.93,
division
(A) of section
341.19, division
(C) of
section
341.23
or
753.16, division (C) of section 2301.56, or
division
(B) of
section
341.14, 753.02,
753.04,
2301.56,
or
2947.19 of the
Revised Code. (B)(1) If a child is adjudicated a delinquent child for
violating
section 2923.32 of the Revised Code, the court shall
enter an
order of criminal forfeiture against the child in
accordance with
divisions (B)(3), (4), (5), and (6) and (C) to (F)
of section
2923.32 of the Revised Code. (2) Sections 2925.41 to 2925.45 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act that, if committed by
an adult,
would be a felony drug abuse offense. Subject to
division (B) of
section 2925.42 and division (E) of section
2925.43 of the
Revised Code, a
delinquent child of that nature
loses any right to the possession of, and
forfeits to the state
any right, title, and interest that the delinquent child
may have
in, property as defined in section 2925.41 of the Revised Code and
further described in section 2925.42 or 2925.43 of the Revised
Code. (3) Sections 2923.44 to 2923.47 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act in violation of section
2923.42 of
the Revised Code. Subject to division (B) of
section
2923.44 and division (E) of section 2923.45 of the
Revised Code, a
delinquent child of that nature loses any right to
the possession
of, and forfeits to the state any right, title, and interest
that
the
delinquent child may have in, property as defined in section
2923.41 of the Revised Code and
further described in section
2923.44
or 2923.45 of the Revised Code. (C) The court may hold a hearing if necessary to determine
whether a child is able to pay a sanction under this section. (D) If a child who is adjudicated a delinquent child is
indigent,
the court shall consider imposing a term of community
service under
division (A) of section 2152.19 of the Revised Code
in
lieu of imposing a financial sanction under this section. If a
child who is
adjudicated a delinquent child is not indigent, the
court may impose a term of
community service under that division
in lieu of, or in addition
to, imposing a financial sanction under
this section. The court
may order community service for an act
that if committed by an
adult would be a minor misdemeanor. If a child fails to pay a financial sanction imposed under
this
section, the court may impose a term of community service in
lieu of the
sanction. (E) The clerk of the court, or another person authorized by
law
or by the court to collect a financial sanction imposed under
this
section, may do any of the following: (1) Enter into contracts with one or more public agencies or
private vendors for the collection of the amounts due under the
financial sanction, which amounts may include interest from the
date of
imposition of the financial sanction; (2) Permit payment of all, or any portion of, the financial
sanction in installments, by credit or debit card, by another type
of
electronic transfer, or by any other reasonable method, within
any
period of time, and on any terms that the court considers
just,
except that the maximum time permitted for payment shall not
exceed five years. The clerk may pay any fee associated with
processing an electronic transfer out of public money and may
charge the fee
to
the delinquent child. (3) To defray administrative costs, charge a reasonable fee
to a
child who elects a payment plan rather than a lump sum
payment of a
financial sanction.
Sec. 2301.51. (A)(1) The court of common pleas of any Any
county that has a population of two hundred thousand or more may is eligible to
formulate a community-based correctional proposal pursuant to this section that, upon
implementation, would provide a community-based correctional
facility and program for the use of that county's court of common pleas in accordance with
sections 2301.51 to 2301.56 2301.58 of the Revised Code. Upon the
approval of the director of rehabilitation and correction, the
court of common pleas of any Any county that has a population of two
hundred thousand or more may is eligible to formulate more than one
community-based correctional proposal pursuant to this section upon approval of the director of rehabilitation and correction. In determining whether to
grant approval to a court to formulate more than one
proposal, the director shall consider the rate at which the
county served by the court commits felony offenders to the state
correctional system. If a court county formulates more than
one proposal, each proposal shall be for a separate
community-based correctional facility and program. For each community-based correctional proposal formulated
under this division, the fact that the proposal has been
formulated and the fact of any subsequent establishment of a
community-based correctional facility and program pursuant to the
proposal shall be entered upon the journal of the court. A
county's community-based correctional facilities and programs
shall be administered by a judicial corrections board. The
presiding judge of the court or, if the presiding judge is not a judge of
the general division of the court, the administrative judge of the general
division shall designate the members of the
board, who shall be judges of the court. The total number of
members of the board shall not exceed eleven. The
judge who is authorized to designate the members of the
board shall serve as chairperson of the
board.
(2) The courts of common pleas of two Two or more adjoining or
neighboring counties that have an aggregate population of two
hundred thousand or more may form a judicial corrections board
and proceed to organize a district and are eligible to formulate a district
community-based correctional proposal pursuant to this section that, upon implementation,
would provide a district community-based correctional facility
and program for the use of the member those counties' courts of common pleas in accordance with
sections 2301.51 to 2301.56 2301.58 of the Revised Code. Upon the
approval of the director of rehabilitation and correction, a
judicial corrections board may Two or more adjoining or neighboring counties that have an aggregate population of two hundred thousand or more are eligible to formulate more than one district
community-based correctional proposal upon approval of the director of rehabilitation and correction. In determining whether to
grant approval to a judicial corrections board to formulate for
more than one proposal, the director shall consider the rate at
which the counties that formed the board commit felony offenders
to the state correctional system. If a judicial
corrections board formulates two or more adjoining or neighboring counties formulate more than one proposal, each
proposal shall be for a separate district community-based
correctional facility and program. The judicial corrections
board shall consist of not more than eleven judges of the member
courts of common pleas, and each member court shall be
represented on the board by at least one judge. The presiding
judge of the court of common pleas of the county with the
greatest population or, if that presiding judge is not a judge of the
general division of that court, the administrative judge of the general
division of that court shall serve as chairperson of the
board. The
fact of the formation of a board and district, and, for each
district community-based correctional proposal formulated under
this division, the fact that the proposal has been formulated and
the fact of any subsequent establishment of a district
community-based correctional facility and program shall be
entered upon the journal of each member court of common pleas. (3)(a) The formulation of a proposal for a community-based correctional facility or a district community-based correctional facility shall begin by the establishment of a judicial advisory board by judgment entry. The judicial advisory board shall consist of not less than three judges. Each general division judge of the court of common pleas in the county or counties wishing to formulate a proposal or to continue operation of an existing facility is eligible to become a member of the judicial advisory board but is not required to do so. In addition, a judicial advisory board may invite a non-general division judge of a court of common pleas from within the county or counties proposing the creation of a community-based correctional facility or district community-based correctional facility or a general division judge of a court of common pleas from outside the county or counties proposing the creation of a community-based correctional facility or district community-based correctional facility who regularly sends offenders to its facility to become a member of that judicial advisory board. (b) A judge shall not receive any additional compensation for service on a judicial advisory board, but a judge may be reimbursed for reasonable and necessary expenses incurred as a result of service on the board. Service of a judge on a judicial advisory board pursuant to this section is a judicial function. (c) There shall be a facility governing board for each community-based correctional facility and program or district community-based correctional facility and program, whose members shall be appointed in accordance with division (E) of this section. The judicial advisory board shall meet at least once a year to provide advice to the facility governing board regarding the public safety needs of the community, admission criteria for any community-based correctional facility and program or district community-based correctional facility and program, and the general requirements of the community-based correctional facility and program or district community-based correctional facility and program. The judicial advisory board may meet as often as considered necessary by its members, may communicate directly with the division of parole and community services of the department of rehabilitation and correction, and may provide advice to the facility governing board specifically regarding the agreement entered into between the facility governing board and the division of parole and community services pursuant to section 5120.112 of the Revised Code.
(4) A facility governing board shall formulate the proposal for a community-based correctional facility and program or district community-based correctional facility and program and shall govern the facility. (5) Chapter 2744. of the Revised Code applies to the county or counties served by a community-based correctional facility and program or district community-based correctional facility and program established and operated under sections 2301.51 to 2301.58 of the Revised Code, to the community-based correctional facility and program or district community-based correctional facility and program so established and operated, and to the facility governing board of the community-based correctional facility and program or district community-based correctional facility and program so established and operated.
(6) The members of the judicial advisory board and of the facility governing board of a community-based correctional facility and program or district community-based correctional facility and program established and operated under sections 2301.51 to 2301.58 of the Revised Code shall be considered to be public officials or employees for purposes of Chapter 102. of the Revised Code and public officials or public servants for purposes of sections 2921.42 and 2921.43 of the Revised Code.
(7) Each member of a facility governing board of a community-based correctional facility and program or district community-based correctional facility and program established and operated under sections 2301.51 to 2301.58 of the Revised Code shall attend orientation training developed by the judicial advisory board of the community-based correctional facility and program or district community-based correctional facility and program, as well as annual ethics training developed by the judicial advisory board in consultation with the Ohio ethics commission or provided by the Ohio ethics commission.
(8) A community-based correctional facility and program or a district community-based correctional facility and program established by a judicial corrections board under a prior version of this section shall continue to exist under its existing contractual arrangements but, on and after the effective date of this amendment, shall be governed by a facility governing board and advised by a judicial advisory board created according to this section. Appointments to the facility governing board shall be made in accordance with the appointment procedure set forth in division (E) of this section. The judicial advisory board and the board or boards of county commissioners of the member counties shall make their respective appointments within thirty days after the effective date of this amendment. (B)(1) Each proposal for the establishment of a
community-based correctional facility and program or district
community-based correctional facility and program that is
formulated pursuant to division (A) of this section shall be
submitted by the judicial corrections facility governing board to the division of parole and
community services for its approval under section 5120.10 of the Revised Code. (2) No person shall be sentenced
to or placed in a
community-based correctional facility and program or to a
district community-based correctional facility and program
by a court pursuant to
section
2929.16 or 2929.17 of the Revised Code or by the parole board
pursuant to section 2967.28 of the Revised Code,
or otherwise committed or admitted to a
facility and
program of that type until after
the proposal for the establishment of the facility and program
has been approved by the
division of parole and community services under section 5120.10
of the Revised
Code. A person
shall be sentenced to a facility
and program of
that type only pursuant to a sanction imposed by a court pursuant
to section
2929.16 or 2929.17 of the Revised Code as the sentence or as any part of the
sentence of the
person or
otherwise shall be committed or referred to a facility and program of
that
type only
when authorized by law. (C) Upon the approval by the division of parole and community services of a
proposal for the establishment
of a community-based correctional facility and program or
district community-based correctional facility and program
submitted to it under division (B) of this section, the judicial
corrections facility governing board that submitted the proposal may establish and
operate the facility and program addressed by the proposal in
accordance with the approved proposal and division
(B)(2) of this section. The
judicial
corrections facility governing board may submit a request for funding of some or all
of its community-based correctional facilities and programs or
district community-based correctional facilities and programs to
the board of county commissioners of the county, if the judicial
corrections facility governing board serves a community-based correctional facility
and program, or to the boards of county commissioners of all of
the member counties, if the judicial corrections facility governing board serves a
district community-based correctional facility and program. The
board or boards may appropriate, but are not required to
appropriate, a sum of money for funding all aspects of each
facility and program as outlined in sections 2301.51 to 2301.56 2301.58
of the Revised Code. The judicial corrections facility governing board has no
recourse against a board or boards of county commissioners,
either under Chapter 2731. of the Revised Code, under its
contempt power, or under any other authority, if the board or
boards of county commissioners do not appropriate money for
funding any facility or and program or if they appropriate money for
funding a facility and program in an amount less than the total
amount of the submitted request for funding. (D)(1) If a court of common pleas that is being served by
any a community-based correctional facility and program established
pursuant to division (C) of this section determines that it no
longer wants to be served by the facility and program, the court facility governing board, upon the advice of the judicial advisory board,
may dissolve the facility and program by entering upon the
journal of the court the fact of the determination to dissolve
the facility and program and by notifying, in writing, the
division of parole and community services
of the determination to dissolve the facility
and program. If the court is served by more than one
community-based correctional facility and program, it the facility governing board, upon the advice of the judicial advisory board, may
dissolve some or all of the facilities and programs and, if it
does not dissolve all of the facilities and programs, it the facility governing board shall
continue the operation of the remaining facilities and programs. (2) If all of the courts of common pleas being served by
any district community-based correctional facility and program
established pursuant to division (C) of this section determine
that they no longer want to be served by the facility and
program, the courts facility governing board, upon the advice of the judicial advisory board, may dissolve the facility and program by
entering upon the journal of each court the fact of the
determination to dissolve the facility and program and by the
judge who serves as chairperson of the judicial
corrections board notifying, in writing, the
division of parole and community services of the determination to
dissolve the facility and program. If the courts are served by
more than one district community-based correctional facility and program,
they the facility governing board, upon the advice of the judicial advisory board, may dissolve some or all of the facilities and programs, and,
if they do it does not dissolve all of the facilities and programs, they it
shall continue the operation of the remaining facilities and
programs. (3) If at least one, but not all, of the courts of common pleas
being served by one or more district community-based correctional
facilities and programs established pursuant to division (C) of
this section determines that it no longer wants to be served by
the facilities and programs, the court may terminate its
involvement with each of the facilities and programs by entering
upon the journal of the court the fact of the determination to
terminate its involvement with the facilities and programs and by
the court notifying, in writing, the
division of parole and community services of the determination to terminate
its
involvement with the facilities and programs. If at least one, but not all, of the courts of common pleas being
served by one or more district community-based correctional
facilities and programs terminates its involvement with each of
the facilities and programs in accordance with this division, the
other courts of common pleas being served by the facilities and
programs may continue to be served by each of the facilities and
programs if the other counties are adjoining or neighboring counties and have
an aggregate population of two hundred thousand or more. A court may use a facility and program by remaining as a member county of the district community-based correctional facility and program or by making a written service agreement with the facility governing board without remaining as a member county. (E) A facility governing board of a community-based correctional facility and program shall consist of at least six members, each member serving a three-year term. A facility governing board of a district community-based correctional facility and program shall consist of at least six members, each member serving a three-year term, except that not more than one-half of the members shall be from any one county. The judicial advisory board shall appoint two-thirds of the members, and the board or boards of county commissioners of the member counties shall appoint the remaining one-third, or portion thereof, of the members. Of the initial appointments, one-third of the members shall be appointed for a one-year term, one-third of the members shall be appointed for a two-year term, and the remaining one-third or portion thereof of the members shall be appointed for a three-year term. Thereafter, terms of persons appointed to the facility governing board shall be for a three-year term, with each term ending on the same day of the same month of the year as did the term it succeeds.
(F) Any member of a facility governing board may be reappointed to serve additional terms. Vacancies on the board shall be filled in the same manner as provided for original appointments. Any member of the board who is appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the predecessor's term. Members of the board shall not receive compensation for their services but may be reimbursed for reasonable and necessary expenses incurred as a result of service on the board. (G) Nothing in this section, sections 2301.52 to 2301.56 2301.58,
or section 5120.10,
5120.111, or 5120.122 of the Revised Code modifies or
affects or shall be interpreted as modifying or affecting
sections 5149.30 to 5149.37 of the Revised Code.
Sec. 2301.52. Each proposal for a community-based
correctional facility and program or a district community-based
correctional facility and program shall provide for or contain at
least the following: (A) The designation of a physical facility that will be
used for the confinement of persons sentenced to the
facility and program by a court pursuant to section 2929.16 or 2929.17 of the
Revised Code
or persons otherwise committed or admitted pursuant to law to the
facility and
program. The designate designated facility shall satisfy all of the following: (1) Be a secure facility that contains lockups and other
measures sufficient to ensure the safety of the surrounding
community; (2) Provide living space and accommodations that are
suitable and adequate for the housing
upon release, sentencing, or other commitment or admission of
the following number of persons: (a) For a facility that became operational prior to July
1, 1993, at least twenty, but not more than two hundred, persons;
(b) For a facility that becomes operational on or after
July 1, 1993, at least fifty, but not more than two hundred,
persons. sentenced, or otherwise admitted with the consent of the facility governing board, to the facility and program;
(3) Be constructed or modified, and maintained and
operated, so that it complies with the
rules adopted pursuant to Chapter 119. of the Revised Code by the division of
parole and community services in of the department of rehabilitation and
correction
for community-based
correctional facilities and programs and district community-based
correctional facilities and programs. (B) The designation of a general treatment program that
will be applied individually to each person sentenced to the
facility
and program by a court pursuant to section 2929.16 or 2929.17 of the Revised
Code or
otherwise committed or admitted pursuant to law to the facility and program.
The designated general treatment program shall not be limited to, but
at a minimum shall include, provisions to ensure that: (1) Each but not be limited to, education, treatment, or work release.
(C) A provision that each person
sentenced by a court, or otherwise
committed or admitted with the consent of the facility governing board, to a facility is shall be provided an
orientation period of at least thirty days, during which period
the person is not permitted to leave the facility and is
evaluated in relation to the person's placement in rehabilitative
programs; (2) Each person sentenced by a court or otherwise committed or
admitted to a facility is placed in a release program whereby
the person will be released temporarily for the purpose of
employment in
a manner consistent with the applicable work-release program
established under section 5147.28 of the Revised Code, for
vocational training, or for other educational or rehabilitative
programs;
(3) All suitable community resources that are available
are utilized in the treatment of each person
sentenced by a court or
otherwise committed or admitted to the facility.
(C)(D) Provisions to ensure that the facility and program
will be staffed and operated by persons who satisfy the minimum
educational and experience requirements that are prescribed by
rule by the department of rehabilitation and correction to ensure security and the effective delivery of services;
(D) Provisions for an intake officer to screen each felony
offender who is sentenced by the court or courts that the
facility and program serve and to make recommendations to the
sentencing court concerning the admission or referral of each
felony offender to the facility and program within fourteen days
after notification of sentencing;
(E) Written screening standards that are to be used by an intake
officer in screening an offender under the provisions described
in division (D) of this section and that at
a minimum
include provisions to ensure that the intake officer will not
make a recommendation to a sentencing court in support of
the sentencing of a person to the facility and program if the
person is ineligible for placement in the
facility and program under rules adopted by the facility's and program's
judicial corrections
board. Provisions for the facility governing board, upon the advice of the judicial advisory board, to set standards for the screening and admission of each felony offender who is referred by a court pursuant to section 2929.16 or 2929.17 of the Revised Code or by the parole board pursuant to section 2967.28 of the Revised Code; (F) A statement that a good faith effort will be made to
ensure that the persons who staff and operate the facility and
program proportionately represent the racial, ethnic, and
cultural diversity of the persons released,
sentenced, or otherwise committed or admitted to the
facility and program;.
Sec. 2301.55. (A) If a judicial corrections board
establishes one or more community-based correctional facilities
and programs or district community-based correctional facilities
and programs, all of the following apply, for each facility and
program so established: (1) The judicial corrections Upon the advice of the judicial advisory board, the facility governing board of a community-based correctional facility and program or district community-based correctional facility and program shall appoint a director who, or enter into a contract with a nonprofit or private entity that, shall control, manage, operate, and have general charge of the facility and program and shall have custody of its property, files, and records. When a facility governing board, upon the advice of the judicial advisory board, enters into a contract for the management, operation, and control of a facility and program, an agreement that includes, at a minimum, terms and conditions established by the department of rehabilitation and correction shall be in effect with the chosen contractor. When a facility governing board, upon the advice of the judicial advisory board, appoints a director, the facility governing board shall appoint and fix or approve
the compensation of the director of the facility and program and
other professional, technical, and clerical employees who are
necessary to properly maintain and operate the facility and
program. The director, under the supervision of the judicial
corrections board and subject to the rules of the judicial
corrections board that are prescribed under division (B) of this
section, shall control, manage, operate, and have general charge
of the facility and program, and shall have the custody of its
property, files, and records.
(2) All of the following shall be considered to be public officials or employees for purposes of Chapter 102. of the Revised Code and public officials or public servants for purposes of Chapter 2921. of the Revised Code and to be within the authority of the Ohio ethics commission:
(a) The director and employees of a community-based correctional facility and program or district community-based correctional facility and program appointed by its facility governing board under division (A)(1) of this section; (b) Any individual serving as director or in a substantially equivalent capacity to director pursuant to a contract between a nonprofit or private entity and a facility governing board entered into under division (A)(1) of this section, in connection with the performance of any duties of the director under the contract;
(c) Each trustee or member of the facility governing board; (d) Each officer or board member of a nonprofit or private entity with which a facility governing board contracts under division (A)(1) of this section, in connection with the performance of any duties of the officer or board member under the contract, except that each officer or board member who serves solely as an officer or board member and who does not serve the facility and program as director or in a substantially equivalent capacity to director shall not be required to file a disclosure statement with the Ohio ethics commission under section 102.02 of the Revised Code.
(3) Nothing in Chapters 102. and 2921. of the Revised Code shall prohibit a board member of a nonprofit or private entity with which a facility governing board contracts under division (A)(1) of this section, who is not serving the facility and program as director or in a substantially equivalent capacity to director, from also being a shareholder, director, or employee of, or otherwise from having a financial interest in, a nonprofit or private entity that contracts under division (A)(1) of this section or from being a shareholder, director, officer, or employee of, or otherwise from having a financial interest in, a private entity that contracts to sell goods or services to a nonprofit or private entity that contracts under division (A)(1) of this section. (4) Nothing in Chapters 102. and 2921. of the Revised Code shall prohibit an officer of a nonprofit or private entity with which a facility governing board contracts under division (A)(1) of this section from: (a) Having an interest in the profits or benefits of the contract awarded by a facility governing board under division (A)(1) of this section; (b) Participating in negotiations for the renewal or extension of an existing contract awarded under division (A)(1) of this section; or (c) Negotiating a new contract on behalf of that entity with a facility governing board under division (A)(1) of this section. (5)(a) Nothing in this section shall be construed to mean that a nonprofit or private entity with which a facility governing board contracts under division (A)(1) of this section is a public agency as defined in division (C) of section 102.01 of the Revised Code, a public body as defined in division (B)(1) of section 121.22 of the Revised Code, a political subdivision, public employer, or public office, or otherwise a public entity. (b) Nothing in division (A)(5)(a) of this section shall be construed to prohibit the auditor of state from conducting audits, as provided in division (D)(1) of section 2301.56 of the Revised Code, of a nonprofit or private entity performing the day-to-day operation of a community-based correctional facility and program or district community-based correctional facility and program pursuant to a contract under division (A)(1) of this section. (B) The judicial corrections facility governing board may enter into
contracts with the board of county commissioners of the county in
which the facility and program is located or, in the case of a
district facility and program, with the county commissioners of
any county included in the district, whereby the county is to
provide buildings, goods, and services to the facility and
program. (3)(C) The judicial corrections facility governing board, upon the advice of the judicial advisory board, shall adopt rules for
the sentencing or other commitment or
admission pursuant to law of persons to, and the operation of,
the facility and program. The rules shall provide procedures
that conform to sections 2301.51 to 2301.56 2301.58, 5120.10,
5120.111,
and 5120.112 of
the Revised Code. The rules adopted under this division shall be
entered upon the journal of the court of each member court of a
district.
(B)(D) A judicial corrections facility governing board that establishes one or
more community-based correctional facilities and programs or
district community-based correctional facilities and programs may
accept any gift, donation, devise, or bequest of real or personal
property made to it by any person, or any grant or appropriation
made to it by any federal, state, or local governmental unit or
agency, and use the gift, donation, devise, bequest, grant, or
appropriation in any manner that is consistent with any
conditions of the gift, donation, devise, bequest, grant, or
appropriation and that it considers to be in the interests of the
facility and program. The judicial corrections facility governing board may sell,
lease, convey, or otherwise transfer any real or personal
property that it accepts pursuant to this division following the
procedures specified in sections 307.09, 307.10, and 307.12 of
the Revised Code.
(C) A judicial corrections board that establishes one or
more community-based correctional facilities and programs or
district community-based correctional facilities and programs
shall provide the citizens advisory board of the facilities and
programs with the staff assistance that the citizens advisory
board requires to perform the duties imposed by section 2301.54
of the Revised Code.
(E) A facility governing board of a community-based correctional facility and program or district community-based correctional facility and program may purchase liability insurance to cover members of the facility governing board, the judicial advisory board, and the community-based correctional facility employees or district community-based correctional facility employees when engaged in the performance of their duties.
(F)(1) A facility governing board of a community-based correctional facility and program or district community-based correctional facility and program may contract for legal services for the facility governing board, the judicial advisory board, and the community-based correctional facility employees or district community-based correctional facility employees when engaged in the performance of their duties. Except as otherwise provided in division (F)(2) of this section, in the absence of a contract for legal services, the prosecuting attorney of the county in which a community-based correctional facility and program is located or the prosecuting attorney of any county in which a district community-based correctional facility and program is located shall provide legal services to the facility governing board, the judicial advisory board, and the community-based correctional facility employees or district community-based correctional facility employees when engaged in the performance of their duties. The prosecuting attorney shall be reasonably reimbursed for these legal services. (2) Nothing in division (F)(1) of this section obligates a prosecuting attorney to provide legal services to a nonprofit or private entity that has entered into a contract with a facility governing board to manage, operate, and control a community-based correctional facility and program or a district community-based correctional facility and program, or to provide legal services to the employees of any such entity.
(G)(1) A facility governing board of a community-based correctional facility and program or a district community-based correctional facility and program may contract with a fiscal agent that shall be responsible for the deposit of funds and compliance with division (D)(1) of section 2301.56 of the Revised Code. Except as otherwise provided in division (G)(2) of this section, in the absence of a contract for a fiscal agent, the county auditor of the county in which a community-based correctional facility and program is located or the county auditor of any county in which a district community-based correctional facility and program is located shall provide fiscal services to the facility governing board. The county auditor shall be reasonably reimbursed for these fiscal services. (2) Nothing in division (G)(1) of this section obligates a county auditor to provide fiscal services to a nonprofit or private entity that has entered into a contract with a facility governing board to manage, operate, and control a community-based correctional facility and program or a district community-based correctional facility and program.
Sec. 2301.56. (A) A judicial corrections facility governing board that
proposes or establishes one or more community-based correctional
facilities and programs or district community-based correctional
facilities and programs may apply to the division of parole and
community services of the department of rehabilitation and correction for state financial assistance for the cost of
renovation, maintenance, and operation of any of the facilities
and programs. If the judicial corrections facility governing board has proposed or
established more than one facility and program and if it desires
state financial assistance for more than one of the facilities
and
programs, the board shall submit a separate application for
each
facility and program for which it desires the financial
assistance. An application for state financial assistance under this
section may be made when the judicial corrections facility governing board submits
for the approval of the section division of parole and community services its proposal for the
establishment
of the facility and program in question to the
division of parole
and community services under division (B) of
section 2301.51 of
the Revised Code, or at any time after the
section division has approved
the proposal. All applications for state
financial assistance for
proposed or approved facilities and
programs shall be made on
forms that are prescribed and furnished
by the department of
rehabilitation and correction, and in
accordance with section
5120.112 of the Revised Code. (B) The judicial corrections facility governing board may submit a request for
funding of some or all of its community-based correctional
facilities and programs or district community-based correctional
facilities and programs to the board of county commissioners of
the county, if the judicial corrections facility governing board serves a
community-based correctional facility and program, or to the
boards of county commissioners of all of the member counties, if
the judicial corrections facility governing board serves a district community-based
correctional facility and program. The board or boards may
appropriate, but are not required to appropriate, a sum of money
for funding all aspects of each facility and program as outlined
in sections 2301.51 to 2301.56 2301.58 of the Revised Code. The judicial
corrections facility governing board has no recourse against a board or boards of
county commissioners, either under Chapter 2731. of the Revised
Code, under its contempt power, or under any other authority, if
the board or boards of county commissioners do not appropriate
money for funding any facility or and program or if they appropriate
money for funding a facility and program in an amount less than
the total amount of the submitted request for funding. (B)(C)
Pursuant to section 2929.37 of the Revised Code, a
board
of county commissioners may require a person
who was
convicted of
an offense
and who is confined in a community-based
correctional
facility or
district community-based correctional
facility as
provided in
sections 2301.51 to 2301.56 2301.58 of the Revised
Code, to
reimburse the
county for its expenses incurred by reason
of the
person's
confinement.
(C)
Notwithstanding any contrary provision in this
section or
section
2929.18, 2929.28, or
2929.37 of the
Revised Code,
the judicial
corrections board may
establish a
policy
that
complies with section 2929.38 of the
Revised Code and that
requires any person who is not
indigent and
who is
confined in the
community-based correctional facility or
district
community-based
correctional facility to pay a
reception fee or a fee for
any
medical treatment or
service requested by and provided to that
person.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in a community-based correctional
facility or district
community-based correctional facility, at the
time of reception and at other
times the person in charge of the
operation of the facility determines to be
appropriate, the person
in charge of the operation of the facility may cause
the convicted
offender to be examined and tested for tuberculosis,
HIV
infection, hepatitis, including but not limited to hepatitis
A, B,
and C, and other contagious diseases. The
person in charge
of the
operation of the facility may cause a convicted offender in the
facility who refuses to be tested or treated for tuberculosis, HIV
infection, hepatitis, including but not limited to hepatitis A,
B,
and C, or another contagious disease to be tested and
treated
involuntarily.
(E)(1) Community-based correctional facilities and programs
and district
community-based correctional facilities and programs
are public offices under
section 117.01 of the Revised Code and
are subject to audit under
section 117.10 of the Revised Code.
The
audits of the facilities and programs shall include financial
audits and, in addition, in the circumstances specified in this
division, performance audits by the auditor of state. If a
private or nonprofit entity performs the day-to-day operation of
any community-based correctional facility and program
or district
community-based correctional facility and program, the private or
nonprofit entity also is subject to
financial
audits under
section
117.10
of the Revised
Code, and, in addition, in the
circumstances specified in this division, to
performance audits by
the auditor of state. The auditor of state shall conduct the
performance audits of a facility and program and of an entity
required under section 117.10 of the Revised Code and this
division and, notwithstanding
the time
period for
audits
specified
in section 117.11 of the
Revised Code,
shall
conduct the financial
audits of a
facility and
program and of an entity
required under
section
117.10 of
the Revised
Code and
this
division, in
accordance with
the
following criteria:
(a) For each facility and program and each entity, the
auditor of state
shall conduct
the initial financial audit within
two years after
the effective date of this amendment March 31, 2003, or, if the
facility and
program in question is established on or after the
effective date of this
amendment March 31, 2003, within two years after the date
on which it is
established. (b) After the initial financial audit described in division
(E)(D)(1)(a)
of this section, for each facility and program and each
entity, the
auditor of state shall
conduct the financial audits of
the
facility and program or the entity at least once every
two
fiscal years. (c) At any time after the effective date of this
amendment March 31, 2003,
regarding a facility and program or regarding an
entity that
performs the day-to-day operation of a facility and
program, the
department of rehabilitation and correction or the
judicial
corrections facility governing board that established the facility and
program may
request, or the auditor of state on its own initiative
may
undertake, a performance audit of the facility and program or
the
entity. Upon the receipt of the request, or upon the auditor
of
state's own initiative as described in this division, the
auditor
of state shall conduct a performance audit of the facility
and
program or the entity. (2) The department of rehabilitation and correction shall
prepare and provide to the auditor of state quarterly financial
reports for each community-based correctional facility and
program, for each district community-based correctional facility
and program, and, to the extent that information is available, for
each private or nonprofit entity that performs the day-to-day
operation of any community-based correctional facility and program
or district community-based correctional facility and program.
Each report shall cover a three-month period and shall be provided
to the auditor of state not later than fifteen days after the end
of the period covered by the report.
Sec. 2301.57. (A) For each person
who is confined in a community-based correctional facility or district
community-based
correctional facility as provided in sections 2301.51 to 2301.56 2301.58 of the
Revised Code,
the county facility may make a determination as to whether the person is covered under
a
health insurance or health care policy, contract, or plan and, if the person
has such
coverage, what terms and conditions are imposed by
it for the filing and payment of claims. (B) If, pursuant to division
(A) of this section, it is determined that the
person is covered under a policy, contract, or plan and, while that coverage
is
in force, the correctional facility renders or arranges for the rendering of
health care
services to the person in accordance with the terms and conditions of the
policy, contract, or plan, then the person, county facility, or provider of the health
care
services, as appropriate under the terms and conditions of the policy,
contract, or plan, shall promptly submit a claim for payment for the health
care services to the appropriate third-party payer and shall designate, or
make
any other arrangement necessary to ensure, that payment of any amount due on
the claim be made to the county facility or provider, as the case may be. (C) Any payment made to the county
pursuant to division (B) of this section shall
be paid into the treasury of the county that incurred the expenses. (D) This section also applies to any person who is under the
custody of a law enforcement officer, as defined in section 2901.01 of the
Revised Code, prior to the person's confinement in the
correctional facility.
(D) Notwithstanding any contrary provision in this section or section 2929.18, 2929.21, 2929.26, or 2929.37 of the Revised Code, the facility governing board may establish a policy that complies with section 2929.38 of the Revised Code and that requires any person who is not indigent and who is confined in the community-based correctional facility or district community-based correctional facility to pay a reception fee.
(E) If a person who has been convicted of or pleaded guilty to an offense is confined in a community-based correctional facility or district community-based correctional facility, the person in charge of the facility's operation may cause the offender, at the time of reception and at other times the person in charge of the operation of the facility determines to be appropriate, to be examined and tested for tuberculosis, HIV infection, hepatitis, including, but not limited to, hepatitis A, B, and C, and other contagious diseases. The person in charge of the facility's operation may cause an offender in the facility who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including, but not limited to, hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.
Sec. 2301.571. (A) A person who has been convicted of or pleaded guilty to an offense and who is confined in a community-based correctional facility or district community-based correctional facility, unless indigent, is financially responsible for the payment of any medical expense or service requested by and provided to that person.
(B) Notwithstanding any contrary provision of section 2929.38 of the Revised Code, the facility governing board of a community-based correctional facility or district community-based correctional facility shall establish a policy that requires any person who is not indigent and who is confined in the correctional facility to pay for any medical treatment or service requested by and provided to that person. The fee for the medical treatment or service shall not exceed the actual cost of the treatment or service provided. No person confined in a community-based correctional facility or district community-based correctional facility shall be denied any necessary medical care because of inability to pay for medical treatment or service.
(C) Any fee paid by a person under this section shall be deducted from any medical or dental costs that the person is ordered to reimburse under a financial sanction imposed pursuant to section 2929.28 of the Revised Code or to repay under a policy adopted under section 2929.37 of the Revised Code. Sec. 2301.58. (A) Upon approval of the facility governing board, the director of the community-based correctional facility or district community-based correctional facility may establish a resident program fund. The director shall deposit in the fund all revenues received by the facility from commissions on telephone systems, commissary operations, reimbursable costs such as per diem and medical services, and similar services. The money in the fund shall only be used to pay for the costs of the following expenses:
(1) The purchase of materials, supplies, and equipment used in any library program, educational program, vocational program, rehabilitative program, religious program, medical services program, or recreational program operated by the facility for the benefit of the residents;
(2) The construction, alteration, repair, or reconstruction of a facility under the control of the facility governing board for use in any library program, educational program, vocational program, rehabilitative program, religious program, medical services program, or recreational program operated by the facility for the benefit of the residents;
(3) The payment of salaries, wages, and other compensation to employees of the facility who are employed in any library program, educational program, vocational program, rehabilitative program, religious program, medical services program, or recreational program operated by the facility for the benefit of the residents;
(4) The compensation of vendors that contract with the facility for the provision of services for any library program, educational program, vocational program, rehabilitative program, religious program, medical services program, or recreational program for the benefit of the residents;
(5) The purchase of other goods and the payment of other services that are determined, at the discretion of the director, to be goods and services that may provide additional benefit to the residents;
(6) The costs for the auditing of the resident program fund.
(B) If a commissary is established by the community-based correctional facility or the district community-based correctional facility, all persons confined in the facility shall receive commissary privileges, and the commissary shall provide for the distribution of necessary hygiene articles and writing materials to indigent residents.
(C) The director shall establish rules, to be approved by the facility governing board, for the operation of the resident program fund that follow guidelines established by the auditor of state.
Sec. 2744.01. As used in this chapter: (A)
"Emergency call" means a call to duty, including, but
not
limited to, communications from citizens, police dispatches,
and
personal observations by peace officers of inherently
dangerous
situations that demand an immediate response on the
part
of a
peace officer. (B)
"Employee" means an officer, agent, employee, or
servant,
whether or not compensated or full-time or part-time,
who
is
authorized to act and is acting within the scope of
the
officer's,
agent's, employee's, or servant's
employment for a
political
subdivision.
"Employee" does not
include an independent
contractor
and does not include any
individual engaged by a school
district
pursuant to section
3319.301 of the Revised Code.
"Employee"
includes any elected or
appointed official of a
political
subdivision.
"Employee" also
includes a person who has
been
convicted of or pleaded guilty to
a criminal offense and who
has
been sentenced to perform
community service work in a
political
subdivision whether
pursuant to section 2951.02 of the
Revised
Code or otherwise, and
a child who is found to be a
delinquent
child and who is ordered
by a juvenile court pursuant
to section
2152.19
or 2152.20 of the Revised
Code to perform
community
service or community work in a
political subdivision. (C)(1)
"Governmental function" means a function of a
political subdivision that is specified in division (C)(2) of
this
section or that satisfies any of the following: (a) A function that is imposed upon the state as an
obligation of sovereignty and that is performed by a political
subdivision voluntarily or pursuant to legislative requirement; (b) A function that is for the common good of all citizens
of the state; (c) A function that promotes or preserves the public
peace,
health, safety, or welfare; that involves activities that
are not
engaged in or not customarily engaged in by
nongovernmental
persons; and that is not specified in division
(G)(2) of this
section as a proprietary function. (2) A
"governmental function" includes, but is not limited
to, the following: (a) The provision or nonprovision of police, fire,
emergency
medical, ambulance, and rescue services or protection; (b) The power to preserve the peace; to prevent and
suppress
riots, disturbances, and disorderly assemblages; to
prevent,
mitigate, and clean up releases of oil and hazardous and
extremely
hazardous substances as defined in section 3750.01 of
the Revised
Code; and to protect persons and property; (c) The provision of a system of public education; (d) The provision of a free public library system; (e) The regulation of the use of, and the maintenance and
repair of, roads, highways, streets, avenues, alleys, sidewalks,
bridges, aqueducts, viaducts, and public grounds; (f) Judicial, quasi-judicial, prosecutorial, legislative,
and quasi-legislative functions; (g) The construction, reconstruction, repair, renovation,
maintenance, and operation of buildings that are used in
connection with the performance of a governmental function,
including, but not limited to, office buildings and courthouses; (h) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of jails, places of juvenile
detention, workhouses, or any other detention facility, as
defined
in section 2921.01 of the Revised Code; (i) The enforcement or nonperformance of any law; (j) The regulation of traffic, and the erection or
nonerection of traffic signs, signals, or control devices; (k) The collection and disposal of solid wastes, as
defined
in section 3734.01 of the Revised Code, including, but
not limited
to, the operation of solid waste disposal facilities,
as
"facilities" is defined in that section, and the collection
and
management of hazardous waste generated by households. As
used in
division (C)(2)(k) of this section,
"hazardous waste
generated by
households" means solid waste originally generated
by individual
households that is listed specifically as hazardous
waste in or
exhibits one or more characteristics of hazardous
waste as defined
by rules adopted under section 3734.12 of the
Revised Code, but
that is excluded from regulation as a hazardous
waste by those
rules. (l) The provision or nonprovision, planning or design,
construction, or reconstruction of a public improvement,
including, but not limited to, a sewer system; (m) The operation of a
job and family services
department
or
agency, including, but not limited to, the provision
of
assistance to aged and infirm persons and to persons who are
indigent; (n) The operation of a health board, department, or
agency,
including, but not limited to, any statutorily required
or
permissive program for the provision of immunizations or other
inoculations to all or some members of the public, provided that
a
"governmental function" does not include the supply,
manufacture,
distribution, or development of any drug or vaccine
employed in
any such immunization or inoculation program by any
supplier,
manufacturer, distributor, or developer of the drug or
vaccine; (o) The operation of mental health facilities, mental
retardation or developmental disabilities facilities, alcohol
treatment and control centers, and children's homes or agencies; (p) The provision or nonprovision of inspection services
of
all types, including, but not limited to, inspections in
connection with building, zoning, sanitation, fire, plumbing, and
electrical codes, and the taking of actions in connection with
those types of codes, including, but not limited to, the approval
of plans for the construction of buildings or structures and the
issuance or revocation of building permits or stop work orders in
connection with buildings or structures; (q) Urban renewal projects and the elimination of slum
conditions; (r) Flood control measures; (s) The design, construction, reconstruction, renovation,
operation, care, repair, and maintenance of a township cemetery; (t) The issuance of revenue obligations under section
140.06
of the Revised Code; (u) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of any
school athletic
facility, school auditorium, or gymnasium or any
recreational area
or
facility, including, but not limited to, any of the following: (i) A park, playground,
or
playfield; (ii) An indoor recreational facility; (iii) A zoo
or zoological park; (iv) A
bath, swimming pool, pond, water park, wading pool,
wave pool,
water
slide,
or other type of
aquatic facility; (v) A golf course;
(vi) A bicycle motocross facility or other type of
recreational area or facility in which bicycling, skating, skate
boarding, or scooter riding is engaged; (vii) A rope course or climbing walls; (viii) An all-purpose vehicle facility in which all-purpose
vehicles, as defined in section 4519.01 of the Revised Code, are
contained, maintained, or operated for recreational activities. (v) The provision of public defender services by a county
or
joint county public defender's office pursuant to Chapter 120.
of
the Revised Code; (w)(i) At any time before regulations prescribed pursuant
to
49 U.S.C.A 20153 become effective, the designation,
establishment,
design, construction, implementation, operation,
repair, or
maintenance of a public road rail crossing in a zone
within a
municipal corporation in which, by ordinance, the
legislative
authority of the municipal corporation regulates the
sounding of
locomotive horns, whistles, or bells;
(ii) On and after the effective date of regulations
prescribed pursuant to 49 U.S.C.A. 20153, the designation,
establishment, design, construction, implementation, operation,
repair, or maintenance of a public road rail crossing in such a
zone or of a supplementary safety measure, as defined in 49
U.S.C.A 20153, at or for a public road rail crossing, if and to
the extent that the public road rail crossing is excepted,
pursuant to subsection (c) of that section, from the requirement
of the regulations prescribed under subsection (b) of that
section.
(x)
A function that the general assembly mandates a
political
subdivision to perform. (D)
"Law" means any provision of the constitution,
statutes,
or rules of the United States or of this state;
provisions of
charters, ordinances, resolutions, and rules of
political
subdivisions; and written policies adopted by boards of
education.
When used in connection with the
"common law," this
definition
does not apply. (E)
"Motor vehicle" has the same meaning as in section
4511.01 of the Revised Code. (F)
"Political subdivision" or
"subdivision" means a
municipal corporation, township, county, school district, or
other
body corporate and politic responsible for governmental
activities
in a geographic area smaller than that of the state.
"Political
subdivision" includes, but is not limited to, a county
hospital
commission appointed under section 339.14 of the Revised
Code,
board of hospital commissioners appointed for a municipal hospital under section 749.04 of the Revised Code, board of hospital trustees appointed for a municipal hospital under section 749.22 of the Revised Code, regional planning commission created pursuant to section
713.21 of
the Revised Code, county planning commission created
pursuant to
section 713.22 of the Revised Code, joint planning
council created
pursuant to section 713.231 of the Revised Code,
interstate
regional planning commission created pursuant to
section 713.30 of
the Revised Code, port authority created
pursuant to section
4582.02 or 4582.26 of the Revised Code or in
existence on December
16, 1964, regional council established by
political subdivisions
pursuant to Chapter 167. of the Revised
Code, emergency planning
district and joint emergency planning
district designated under
section 3750.03 of the Revised Code,
joint emergency medical
services district created pursuant to section 307.052
of the
Revised Code, fire and ambulance district created pursuant to
section
505.375 of the Revised Code, joint interstate emergency
planning district
established
by an agreement entered into under
that section, county solid waste
management district and joint
solid waste management district
established under section 343.01
or 343.012 of the Revised Code, and
community school established
under Chapter 3314. of the Revised Code, the county or counties served by a community-based correctional facility and program or district community-based correctional facility and program established and operated under sections 2301.51 to 2301.58 of the Revised Code, a community-based correctional facility and program or district community-based correctional facility and program that is so established and operated, and the facility governing board of a community-based correctional facility and program or district community-based correctional facility and program that is so established and operated. (G)(1)
"Proprietary function" means a function of a
political
subdivision that is specified in division (G)(2) of
this
section
or that satisfies both of the following: (a) The function is not one described in division
(C)(1)(a)
or (b) of this section and is not one specified in
division (C)(2)
of this section; (b) The function is one that promotes or preserves the
public peace, health, safety, or welfare and that involves
activities that are customarily engaged in by nongovernmental
persons. (2) A
"proprietary function" includes, but is not limited
to, the following: (a) The operation of a hospital by one or more political
subdivisions; (b) The design, construction, reconstruction, renovation,
repair, maintenance, and operation of a public cemetery other
than
a township cemetery; (c) The establishment, maintenance, and operation of a
utility, including, but not limited to, a light, gas, power, or
heat plant, a railroad, a busline or other transit company, an
airport, and a municipal corporation water supply system; (d) The maintenance, destruction, operation, and upkeep of
a
sewer system; (e) The operation and control of a public stadium,
auditorium, civic or social center, exhibition hall, arts and
crafts center, band or orchestra, or off-street parking facility. (H)
"Public roads" means public roads, highways, streets,
avenues, alleys, and bridges within a political subdivision.
"Public roads" does not include berms, shoulders, rights-of-way,
or traffic control devices unless the traffic control devices are
mandated by the Ohio manual of uniform traffic control devices. (I) "State" means the state of Ohio, including, but not
limited to, the general assembly, the supreme court, the offices
of all elected state officers, and all departments, boards,
offices, commissions, agencies, colleges and universities,
institutions, and other instrumentalities of the state of Ohio.
"State" does
not include political subdivisions.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 2301.58 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a direct and proximate result of the commission of an offense and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply: (1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The
offender is required
to report periodically
to a person designated by the
court or parole board. (3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state. (T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction. (U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person. (2) Either of the following applies: (a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following: (i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses; (ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person. (b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense," "violent sex offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
"sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code. (UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following: (a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved. (WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss. (XX) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (YY) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
Sec. 2929.34. (A) A person who is convicted of or
pleads guilty to aggravated murder, murder, or an offense
punishable by
life imprisonment and who is sentenced to a term of
life
imprisonment
or a prison term pursuant to
that conviction
shall serve that
term
in an institution under the
control of the
department
of rehabilitation and correction. (B)(1) A person who is convicted of or pleads guilty to a
felony
other than aggravated murder, murder, or
an offense
punishable by life imprisonment and who is
sentenced to a term of
imprisonment
or a prison term
pursuant to that conviction shall
serve that term
as follows: (a) Subject to divisions (B)(1)(b) and
(B)(2) of this
section, in an institution under the
control of the department of
rehabilitation and correction if the
term
is a
prison term or
as
otherwise determined by the
sentencing court pursuant to section
2929.16 of the Revised Code
if the term is not a prison term; (b) In a facility of a type described in division (G)(1) of
section 2929.13
of the Revised Code, if the offender is sentenced
pursuant to that division. (2) If the term
is a prison term, the person
may
be imprisoned in a jail that is not a minimum security
jail
pursuant to agreement under section 5120.161 of
the Revised Code between the
department of rehabilitation and
correction and the local
authority that operates the jail. (C) A person who is convicted of or pleads guilty to one or
more
misdemeanors and who is sentenced to a
jail term or term
of
imprisonment
pursuant to the conviction or convictions shall serve
that
term
in a county, multicounty,
municipal,
municipal-county, or multicounty-municipal jail or
workhouse or,
if the
misdemeanor or misdemeanors are not offenses
of violence,
in a minimum
security
jail. (D) Nothing in this section prohibits the commitment,
referral, or sentencing of a person
who is convicted of or pleads
guilty to a felony to a community-based
correctional facility and
program or district community-based correctional
facility and
program in accordance with sections 2301.51 to
2301.56 of the
Revised Code.
Sec. 2929.37. (A) A board of county commissioners, in an
agreement with the sheriff, a legislative authority of a municipal
corporation, a corrections commission, a judicial corrections facility governing
board, or any other public or private entity that operates a
local
detention facility at which a prisoner who is convicted of an
offense and who is confined in the facility under a
sanction or
term of imprisonment imposed under section 2929.16, sections
2929.21
to 2929.28, or any other provision of
the Revised Code may
adopt,
pursuant to section 307.93,
341.14,
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56,
or
2947.19 of the Revised Code, a
policy that requires the
prisoner
to pay all or part of the
costs
of
confinement in that
facility.
If a board of county
commissioners, legislative authority,
corrections commission,
judicial corrections facility governing board, or other
entity adopts a policy for a
facility pursuant to one of those
sections, the person in charge
of that facility shall appoint a
reimbursement coordinator to
administer the facility's policy. The costs of confinement may include, but are not limited to,
the costs of
repairing property damaged by the prisoner while
confined, a per diem
fee for room and board, medical and dental
treatment costs, the fee for a random drug test assessed under
division (E) of
section 341.26 and division (E) of section 753.33
of the Revised
Code, and a one-time reception fee for the costs of
processing the prisoner into the facility at the time
of the
prisoner's initial entry into the facility under the
confinement
in question,
minus any fees deducted under
section
2929.38 of the
Revised Code.
Any
policy adopted under this section
shall be
used
when a court
does
not order reimbursement of
confinement costs
under
section
2929.18
or
2929.28 of the Revised
Code. The
amount
assessed under this
section shall
not exceed the
total
amount that
the
prisoner is able
to pay. (B)(1) Each prisoner covered by a repayment policy adopted
as described in division (A) of this
section shall receive at the
end of the prisoner's confinement an itemized bill of the
expenses
to be reimbursed. The policy
shall allow periodic
payments on a
schedule to be implemented upon
a prisoner's
release. The bill
also shall state that
payment shall be made
to the
person
identified in the bill as the reimbursement coordinator and
include
a notice that specifies that the prisoner has thirty
days
in which
to
dispute the
bill by filing a written objection with
the reimbursement coordinator and that if the prisoner does not
dispute the bill in that manner within that period, the
prisoner
is required to pay the bill and a certificate of
judgment may be
obtained against the prisoner for the amount of
the unpaid
expenses. The prisoner shall
sign a copy of the
bill, and the
reimbursement coordinator shall
retain that
copy. If the
prisoner disputes an item on the
bill
within
thirty
days after
receiving the bill, the reimbursement coordinator may
either
concede
the disputed item or proceed to a hearing under
division
(B)(2) of
this section.
(2) If the prisoner disputes an item on an itemized bill
presented
to the prisoner under division (B)(1) of this section
and the
reimbursement coordinator does not concede the item, the
reimbursement coordinator shall submit the bill
to the court, and
the court shall hold a hearing on the disputed
items in the bill.
At the end of the hearing, the court shall
determine how much of
the disputed expenses the prisoner shall
reimburse the legislative
authority or managing authority and
shall issue a judgment in
favor of the legislative authority or
managing authority for any
undisputed expenses and the amount of
the disputed expenses for
which the prisoner must reimburse the
legislative authority or
managing authority. The reimbursement coordinator shall not
seek
to enforce the judgment until at least ninety days after the
court
issues the judgment. (C) If a prisoner does not dispute the itemized bill
presented to the prisoner
under division (B) of this section and
does not pay the bill within ninety days, the
reimbursement
coordinator shall
send by mail a notice
to the
prisoner
requesting
payment of the
expenses as stated in the bill.
If the
prisoner does not
respond to the notice by
paying the
expenses in
full within thirty
days of the date the
notice was mailed, the
reimbursement coordinator shall send by
mail a second
notice to
the prisoner requesting payment of the
expenses. If
one hundred
eighty days elapse
from the date that
the reimbursement
coordinator provides the bill and if
the
prisoner has not paid the
full amount of
the expenses pursuant
to
the bill and the notices,
the reimbursement
coordinator may notify the clerk of the
appropriate court of those
facts, and the clerk may issue a
certificate of judgment against
the prisoner
for the balance of
the expenses remaining unpaid. (D) The reimbursement coordinator may collect
any amounts
remaining unpaid on an itemized bill and any costs associated
with the enforcement of the judgment and
may enter into a
contract with one or more public
agencies or private vendors to
collect any amounts remaining
unpaid. For enforcing a judgment
issued under this section, the reimbursement coordinator may
assess an additional poundage fee of two per cent of the amount
remaining unpaid and
may collect costs associated with the
enforcement of the judgment. (E) Neither the reimbursement coordinator nor the
legislative
authority or the managing authority shall enforce any
judgment
obtained under this section by means of execution against
the
prisoner's homestead. Any reimbursement received under this
section shall be credited to the general fund of the treasury of
the political subdivision that incurred the expense, to be used
for general fund purposes.
Sec. 2929.38. (A) A board of commissioners of a county, in
an agreement
with
the sheriff, a legislative authority of a
municipal
corporation, a
corrections commission, a judicial
corrections facility governing
board, or any other
public or private entity that
operates a
local detention facility
described in division (A) of
section 2929.37 of the Revised Code,
may establish a policy
that
requires any prisoner who is confined in
the facility as a
result
of pleading guilty
to or
having been convicted of an offense
to
pay a one-time reception fee for the costs of processing the
prisoner into the facility at the time of the prisoner's initial
entry into the facility under the confinement in question, to pay
a reasonable fee for
any medical or dental
treatment or service
requested by and
provided to that prisoner, and to pay the fee for
a random drug
test assessed under division (E) of section 341.26,
and division
(E) of section 753.33 of the Revised Code.
The fee
for the
medical treatment or service shall not exceed the actual
cost of
the treatment or
service provided. No prisoner
confined
in
the local detention facility shall be denied any
necessary
medical care
because of inability to pay the fees. (B) Upon assessment of a one-time reception fee as described
in division (A) of this section, the provision of the requested
medical treatment or service, or the assessment of a fee for a
random
drug test, payment of the required fee may be automatically
deducted from
the prisoner's inmate
account in the business office
of the local detention facility in
which the prisoner
is confined.
If there is no
money in the
account, a deduction may
be made at a
later date
during the
prisoner's confinement if the
money becomes
available in
the
account. If, after release, the
prisoner has an
unpaid balance
of
those fees, the sheriff,
legislative authority
of the municipal
corporation, corrections
commission, judicial
corrections facility governing board,
or other entity that operates the local
detention
facility described in
division (A) of section 2929.37
of the Revised Code may bill the
prisoner for the payment
of the
unpaid fees. Fees received for
medical or
dental treatment
or
services shall be paid to the
commissary fund or resident program fund of a community-based correctional facility, if one exists
for
the facility, or if no
commissary
fund or resident program fund exists, to the general
fund
of the treasury of the
political
subdivision that incurred
the
expenses, in the same
proportion as
those expenses were borne
by
the political
subdivision. Fees
received for medical treatment
or services that are placed in the
commissary fund or resident program fund under this division shall be used for the same
purposes as
profits from the commissary fund or resident program fund, except that they
shall not be used to pay
any salary or benefits of any person who
works in or is employed for the sole
purpose of providing service
to the
commissary.
(C) Any fee paid by a person under this section
shall
be
deducted from any medical or dental costs that the person
is
ordered
to reimburse under
a financial sanction imposed pursuant
to section
2929.28 of the Revised Code
or
to repay under a
policy adopted under section 2929.37 of the
Revised Code.
(D) As used in this section, "inmate account" has the same
meaning as in section
2969.21
of the Revised Code.
Sec. 4117.01. As used in this chapter: (A) "Person," in addition to those included in division
(C)
of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers. (B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at
least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; governing authority of a community school established
under Chapter
3314. of the Revised Code; state institution of
higher learning; public or
special district; state agency,
authority, commission, or
board; or other branch of public
employment. (C) "Public employee" means any person holding a position
by
appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except: (1) Persons holding elective office; (2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body; (3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive; (4) Persons who are members of the Ohio organized militia,
while training or performing duty under section 5919.29 or 5923.12
of the
Revised Code; (5) Employees of the state employment relations board; (6) Confidential employees; (7) Management level employees; (8) Employees and officers of the courts, assistants to
the
attorney general, assistant prosecuting attorneys, and
employees
of the clerks of courts who perform a judicial
function; (9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code; (10) Supervisors; (11) Students whose primary purpose is educational
training,
including graduate assistants or associates, residents,
interns,
or other students working as part-time public employees
less than
fifty per cent of the normal year in the employee's
bargaining
unit; (12) Employees of county boards of election; (13) Seasonal and casual employees as determined by the
state employment relations board; (14) Part-time faculty members of an institution of higher
education; (15) Employees of the state personnel board of review; (16) Participants
in a work activity,
developmental
activity, or alternative work activity under sections 5107.40 to
5107.69
of the
Revised Code who perform a
service for a public
employer that the public employer needs but is not
performed by an
employee of the public employer
if the participant is
not engaged
in paid employment or subsidized employment pursuant to the
activity; (17) Employees included in the career professional service
of the department
of transportation under section 5501.20 of the
Revised Code; (18) Employees of community-based correctional facilities and district community-based correctional facilities created under sections 2301.51 to 2301.58 of the Revised Code who are not subject to a collective bargaining agreement on June 1, 2005. (D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists
for the purpose, in whole or in part, of dealing with
public
employers concerning grievances, labor disputes, wages,
hours,
terms, and other conditions of employment. (E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code. (F) "Supervisor" means any individual who has authority,
in
the interest of the public employer, to hire, transfer,
suspend,
lay off, recall, promote, discharge, assign, reward, or
discipline
other public employees; to responsibly direct them; to
adjust
their grievances; or to effectively recommend such action,
if the
exercise of that authority is not of a merely routine or
clerical
nature, but requires the use of independent judgment,
provided
that: (1) Employees of school districts who are department
chairpersons or consulting teachers shall not be deemed
supervisors; (2) With respect to members of a police or fire
department,
no person shall be deemed a supervisor except the
chief of the
department or those individuals who, in the absence
of the chief,
are authorized to exercise the authority and
perform the duties of
the chief of the department. Where prior
to June 1, 1982, a
public employer pursuant to a judicial
decision, rendered in
litigation to which the public employer was
a party, has declined
to engage in collective bargaining with
members of a police or
fire department on the basis that those
members are supervisors,
those members of a police or fire
department do not have the
rights specified in this chapter for
the purposes of future
collective bargaining. The state
employment relations board shall
decide all disputes concerning
the application of division (F)(2)
of this section. (3) With respect to faculty members of a state institution
of higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group
of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy; (4) No teacher as defined in section 3319.09 of the
Revised
Code shall be designated as a supervisor or a management
level
employee unless the teacher is employed under a contract governed
by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for
administrators under state board rules is
required pursuant to
section 3319.22 of the Revised Code. (G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the
representatives of its employees to negotiate in good faith
at
reasonable times and places with respect to wages, hours,
terms,
and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective
bargaining agreement, with the intention of reaching
an agreement,
or to resolve questions arising under the
agreement. "To bargain
collectively" includes executing a written contract
incorporating
the terms of any agreement reached. The obligation
to bargain
collectively does not mean that either party is
compelled to agree
to a proposal nor does it require the making
of a concession. (H) "Strike" means continuous concerted action in failing to
report
to duty; willful absence from one's position; or stoppage
of work in
whole from the full, faithful, and proper performance
of the duties of
employment, for the purpose of inducing,
influencing, or coercing a change in
wages, hours, terms, and
other conditions of employment. "Strike" does not
include a
stoppage of work by employees in good faith because of dangerous
or
unhealthful working conditions at the place of employment that
are abnormal to
the place of employment. (I) "Unauthorized strike" includes, but is not limited to,
concerted
action during the term or extended term of a collective
bargaining agreement
or during the pendency of the settlement
procedures set forth in section
4117.14 of the Revised Code in
failing to report to duty; willful absence from
one's position;
stoppage of work; slowdown, or abstinence in whole or in part
from
the full, faithful, and proper performance of the duties of
employment
for the purpose of inducing, influencing, or coercing a
change in wages,
hours, terms, and other conditions of employment.
"Unauthorized strike"
includes any such action, absence, stoppage,
slowdown, or abstinence when done
partially or intermittently,
whether during or after the expiration of the
term or extended
term of a collective bargaining agreement or during or after
the
pendency of the settlement procedures set forth in section 4117.14
of the
Revised Code. (J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent
exercise of discretion and judgment in its performance
and
requiring knowledge of an advanced type in a field of science
or
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an
employee who has completed the courses of specialized
intellectual
instruction and is performing related work under the
supervision
of a professional person to become qualified as
a professional
employee. (K) "Confidential employee" means any employee who works
in
the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer. (L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy. (M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered. (N) "Member of a police department" means a person who is
in
the employ of a police department of a municipal corporation
as a
full-time regular police officer as the result of
an appointment
from a duly established civil service eligibility
list or under
section 737.15 or 737.16 of the Revised Code, a
full-time deputy
sheriff appointed under section 311.04 of the
Revised Code, a
township constable appointed under section
509.01 of the Revised
Code, or a member of a township police
district police department
appointed under section 505.49 of the
Revised Code. (O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code. (P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular firefighter, or
promoted rank as the result of an appointment from a duly
established civil
service eligibility list or under section
505.38, 709.012, or 737.22 of the
Revised Code. (Q) "Day" means calendar day.
Sec. 5120.031. (A) As used in this section: (1) "Certificate of high school equivalence" means a
statement that is issued by the state board of education or an
equivalent agency of another state and that indicates that its
holder has achieved the equivalent of a high school education as
measured by scores obtained on the tests of general educational
development published by the American council on education. (2) "Certificate of adult basic education" means a
statement
that is issued by the department of rehabilitation and
correction
through the Ohio central school system approved by the
state board
of education and that indicates that its holder has
achieved a 6.0
grade level, or higher, as measured by scores of
nationally
standardized or recognized tests. (3) "Deadly weapon" and "firearm" have the same meanings
as
in section 2923.11 of the Revised Code. (4) "Eligible offender" means a person, other than one who
is
ineligible to participate in an
intensive program prison under
the criteria specified in section 5120.032 of
the Revised Code,
who has been
convicted of or pleaded guilty to, and has
been
sentenced for, a felony. (5) "Shock incarceration" means the program of
incarceration
that is established pursuant to the rules of the
department of
rehabilitation and correction adopted under this
section. (B)(1) The director of rehabilitation and correction, by
rules adopted under Chapter 119. of the Revised Code, shall
establish a pilot program of shock incarceration that may be used
for
offenders who are sentenced to serve a term of
imprisonment
under the custody of the department of
rehabilitation
and
correction, whom the department determines to be eligible
offenders, and whom the department, subject to
the approval of the
sentencing judge, may permit
to serve their sentence as a sentence
of shock incarceration in
accordance with this section. (2) The rules for the pilot program shall require that the
program be established at an appropriate state correctional
institution designated by the director and that the program
consist of both of the following for each eligible offender
whom
the department, with the approval of the sentencing
judge, permits
to serve the eligible offender's sentence
as a sentence of
shock
incarceration: (a) A period of imprisonment at that institution of ninety
days that shall consist of a military style combination of
discipline, physical training, and hard labor and substance abuse
education, employment skills training, social skills training,
and
psychological treatment. During the ninety-day period, the
department may permit an eligible offender to participate in a
self-help program. Additionally, during the ninety-day period,
an
eligible offender who holds a high school diploma or a
certificate
of high school equivalence may be permitted to tutor
other
eligible offenders in the shock incarceration program. If
an
eligible offender does not hold a high school diploma or
certificate of high school equivalence, the eligible offender may
elect to
participate in an education program that is designed to
award a
certificate of adult basic education or an education
program that
is designed to award a certificate of high school
equivalence to
those eligible offenders who successfully complete
the education
program, whether the completion occurs during or
subsequent to
the ninety-day period. To the extent possible, the
department
shall use as teachers in the education program persons
who have
been issued a license pursuant to sections 3319.22 to
3319.31
of the Revised Code, who have volunteered their services
to the
education program, and who satisfy any other criteria
specified
in the rules for the pilot project. (b) Immediately following the ninety-day period of
imprisonment, and notwithstanding any other provision governing
the early release of a prisoner from
imprisonment or the transfer
of a prisoner to transitional control, one
of the following, as
determined by the director: (i) An intermediate, transitional type of detention
for the
period of time determined by the director
and, immediately
following the intermediate, transitional
type of detention, a
release under a post-release control
sanction imposed in
accordance with section 2967.28 of the
Revised
Code. The period
of
intermediate, transitional type of detention imposed by the
director under this division may be in a halfway house, in a
community-based correctional facility and program or district
community-based correctional facility and program established
under sections 2301.51 to 2301.56 2301.58 of the Revised Code, or in any
other facility approved by the director that provides for
detention to serve as a transition between imprisonment in a
state
correctional institution and release from imprisonment. (ii) A release under a
post-release control sanction imposed
in accordance
with section 2967.28 of the Revised Code. (3) The rules for the pilot program also shall include,
but
are not limited to, all of the following: (a) Rules identifying the locations within the state
correctional institution designated by the director that will be
used for eligible offenders serving a sentence of shock
incarceration; (b) Rules establishing specific schedules of discipline,
physical training, and hard labor for eligible offenders serving
a
sentence of shock incarceration, based upon the offender's
physical condition and needs; (c) Rules establishing standards and criteria for the
department to use in determining which eligible offenders the
department will permit to serve their sentence of imprisonment as
a sentence of shock incarceration; (d) Rules establishing
guidelines
for the selection of
post-release control sanctions for
eligible
offenders; (e) Rules establishing procedures for
notifying
sentencing
courts of the performance of eligible offenders
serving their
sentences of imprisonment as a sentence of shock
incarceration; (f) Any other rules that are necessary for
the proper
conduct of the pilot program. (C)(1) If
an offender is sentenced to a term of
imprisonment
under the custody of the department,
if the
sentencing
court
either recommends the offender for placement in a
program of shock
incarceration
under this section or makes no
recommendation on
placement of the
offender,
and if the department
determines that
the offender is an eligible offender for placement
in a program of
shock incarceration under this section, the
department may permit
the eligible offender to serve the
sentence
in a program of shock
incarceration, in
accordance with division
(K) of section 2929.14
of the Revised Code,
with this section,
and
with the rules adopted
under this section.
If the sentencing court
disapproves placement
of the offender in a program of shock
incarceration, the
department shall not place the offender in any
program of shock
incarceration. If the sentencing court recommends the offender for placement
in a program
of shock incarceration and
if the department
subsequently places the offender in
the recommended program, the
department shall notify the court of the
offender's placement in
the recommended program and shall include with the
notice a brief
description of the placement. If the sentencing court
recommends placement of the
offender
in a program of
shock incarceration and the department
for any
reason does not subsequently place the
offender
in the
recommended
program, the department shall send a notice to the
court
indicating why the offender was not placed in the
recommended
program. If the sentencing court does not make a recommendation on the
placement of
an
offender in a program of shock
incarceration
and
if the department determines that the offender
is an eligible
offender for placement in a program of that nature,
the department
shall
screen the offender and determine if the
offender is suited
for the program of
shock incarceration. If the
offender is suited
for the program of shock
incarceration, at
least three weeks prior
to
permitting an eligible
offender to
serve the sentence in a
program of
shock incarceration, the
department shall notify the
sentencing
court of
the proposed
placement of the offender in the
program and
shall include with
the notice a brief description of
the placement. The court
shall
have ten days from receipt of the
notice to disapprove the
placement. If the sentencing court
disapproves of the placement,
the department shall not permit
the
eligible offender to
serve the
sentence in a program of shock
incarceration.
If the judge does
not timely
disapprove of
placement of the offender in the program
of shock
incarceration,
the department
may proceed with plans for
placement of the
offender. If the
department determines that
the offender is not
eligible for
placement in a program of shock
incarceration, the
department
shall not place the offender in
any
program of shock
incarceration. (2) If the department permits an eligible offender to
serve
the eligible offender's sentence of imprisonment as a sentence
of
shock incarceration and the eligible offender does not
satisfactorily
complete the entire period of imprisonment
described in division
(B)(2)(a) of this section, the offender
shall be removed from the pilot
program for shock incarceration
and shall be required to serve the remainder
of the offender's
sentence of imprisonment imposed by the sentencing
court
as a
regular term of imprisonment. If the eligible offender
commences
a period of post-release control
described in division
(B)(2)(b)
of this section and violates the conditions of
that post-release
control, the eligible offender shall be
subject to the provisions
of
sections
2929.141, 2967.15, and 2967.28 of the
Revised Code
regarding
violation of post-release control sanctions. (3) If an eligible offender's
stated
prison term expires at
any time during the eligible offender's
participation in
the shock
incarceration program, the adult parole authority shall terminate
the eligible offender's
participation in the program and shall
issue to the eligible
offender a certificate
of expiration of the
stated prison
term. (D) The director shall keep sentencing courts informed of
the performance of eligible offenders serving their sentences of
imprisonment as a sentence of shock incarceration, including, but
not limited to, notice of eligible offenders who fail to
satisfactorily complete their entire sentence of shock
incarceration or who satisfactorily complete their entire
sentence
of shock incarceration. (E) Within a reasonable period of time after November
20,
1990, the
director shall appoint a committee to
search for one or
more suitable sites at which one or more
programs of shock
incarceration, in addition to the pilot program
required by
division (B)(1) of this section, may be established. The search
committee shall consist of the director or the director's
designee, as chairperson; employees of the department
of
rehabilitation and correction appointed by the director; and any
other persons that the director, in the director's discretion,
appoints. In
searching for such sites, the search committee shall
give
preference to any site owned by the state or any other
governmental entity and to any existing structure that reasonably
could be renovated, enlarged, converted, or remodeled for
purposes
of establishing such a program. The search committee
shall
prepare a report concerning its activities and, on the
earlier of
the day that is twelve months after the first day on
which an
eligible offender began serving a sentence of shock
incarceration
under the pilot program or January 1, 1992, shall
file the report
with the president and the minority leader of the
senate, the
speaker and the minority leader of the house of
representatives,
the members of the senate who were members of
the senate judiciary
committee in the 118th general assembly or
their successors, and
the members of the house of representatives
who were members of
the select committee to hear drug legislation
that was established
in the 118th general assembly or their
successors. Upon the
filing of the report, the search committee
shall terminate. The
report required by this division shall
contain all of the
following: (1) A summary of the process used by the search committee
in
performing its duties under this division; (2) A summary of all of the sites reviewed by the search
committee in performing its duties under this division, and the
benefits and disadvantages it found relative to the establishment
of a program of shock incarceration at each such site; (3) The findings and recommendations of the search
committee
as to the suitable site or sites, if any, at which a
program of
shock incarceration, in addition to the pilot program
required by
division (B)(1) of this section, may be established. (F) The director periodically shall review the pilot
program
for shock incarceration required to be established by
division
(B)(1) of this section. The director shall prepare a
report
relative to the pilot program and, on the earlier of the
day that
is twelve months after the first day on which an
eligible offender
began serving a sentence of shock incarceration
under the pilot
program or January 1, 1992, shall file the report
with the
president and the minority leader of the senate, the
speaker and
the minority leader of the house of representatives,
the members
of the senate who were members of the senate
judiciary committee
in the 118th general assembly or their
successors, and the members
of the house of representatives who
were members of the select
committee to hear drug legislation
that was established in the
118th general assembly or their
successors. The pilot program
shall not terminate at the time of
the filing of the report, but
shall continue in operation in
accordance with this section. The
report required by this
division shall include all of the
following: (1) A summary of the pilot program as initially
established,
a summary of all changes in the pilot program made
during the
period covered by the report and the reasons for the
changes, and
a summary of the pilot program as it exists on the
date of
preparation of the report; (2) A summary of the effectiveness of the pilot program,
in
the opinion of the director and employees of the department
involved in its operation; (3) An analysis of the total cost of the pilot program, of
its cost per inmate who was permitted to serve a sentence of
shock
incarceration and who served the entire sentence of shock
incarceration, and of its cost per inmate who was permitted to
serve a sentence of shock incarceration; (4) A summary of the standards and criteria used by the
department in determining which eligible offenders were permitted
to serve their sentence of imprisonment as a sentence of shock
incarceration; (5) A summary of the characteristics of the eligible
offenders who were permitted to serve their sentence of
imprisonment as a sentence of shock incarceration, which summary
shall include, but not be limited to, a listing of every offense
of which any such eligible offender was convicted or to which any
such eligible offender pleaded guilty and in relation to which the
eligible offender
served a sentence of shock incarceration, and
the total number of
such eligible offenders who were convicted of
or pleaded guilty
to each such offense; (6) A listing of the number of eligible offenders who were
permitted to serve a sentence of shock incarceration and who did
not serve the entire sentence of shock incarceration, and, to the
extent possible, a summary of the length of the terms of
imprisonment served by such eligible offenders after they were
removed from the pilot program; (7) A summary of the effect of the pilot program on
overcrowding at state correctional institutions; (8) To the extent possible, an analysis of the rate of
recidivism of eligible offenders who were permitted to serve a
sentence of shock incarceration and who served the entire
sentence
of shock incarceration; (9) Recommendations as to legislative changes to the pilot
program that would assist in its operation or that could further
alleviate overcrowding at state correctional institutions, and
recommendations as to whether the pilot program should be
expanded.
Sec. 5120.111. With respect to community-based
correctional facilities and programs and district community-based
correctional facilities and programs authorized under section
2301.51 of the Revised Code, the department of rehabilitation and
correction shall do all of the following: (A) Adopt rules, under Chapter 119. of the Revised Code,
that serve as criteria for the operation of community-based correctional
facilities and programs and district community-based correctional facilities
and programs approved in accordance with sections 2301.51 and 5120.10 of the
Revised Code; (B) Adopt rules, under Chapter 119. of the Revised Code,
prescribing the minimum educational and experience requirements
that must be satisfied by persons who staff and operate the
facilities and programs; (C) Adopt rules, under Chapter 119. of the Revised Code,
governing the procedures for the submission of proposals for the
establishment of community-based correctional facilities and
programs and district community-based correctional facilities and
programs to the
division of parole and community services under division (B) of section
2301.51 of the Revised Code;
(D)(C) Prescribe forms that are to be used by judicial corrections facility governing
boards of community-based correctional facilities and programs
and district community-based correctional facilities and programs
in making application for state financial assistance under
section 2301.56 of the Revised Code and that include a
requirement that the applicant estimate the number of offenders
that will be committed or referred to a facility and program and
that the facility and program will serve in the year of
application;
(E)(D) Adopt rules, under Chapter 119. of the Revised Code,
that prescribe the standards of operation and the training and
qualifications of persons who staff and operate for the facilities
and programs and that must be satisfied for the facilities and
programs to be eligible for state financial assistance. The
standards prescribed shall include, but shall not be limited to,
the minimum requirements that each proposal submitted for
approval to the
division of parole and community services, as contained in section 2301.52 of
the Revised Code, must satisfy for approval.;
(F)(E) Through the
division of parole and community services, accept and review
proposals for the establishment of the facilities and programs
and approve those proposals that satisfy the minimum requirements
contained in section 2301.52 of the Revised Code; and administer
the program for state financial assistance to the facilities and
programs in accordance with section 5120.112 of the Revised Code.
Sec. 5120.112. (A) The division of parole and community
services shall accept applications for state financial assistance
for the renovation, maintenance, and operation of proposed and
approved community-based correctional facilities and programs and
district community-based correctional facilities and programs
that are filed in accordance with section 2301.56 of the Revised
Code. The division, upon receipt of an application for a
particular facility and program, shall determine whether the
application is in proper form, whether the applicant satisfies
the standards of operation and training and qualifications of
personnel that are prescribed by the department of rehabilitation
and correction under section 5120.111 of the Revised Code,
whether the applicant has established the facility and program,
and, if the applicant has not at that time established the
facility and program, whether the proposal of the applicant
sufficiently indicates that the standards will be satisfied upon
the establishment of the facility and program. If the division
determines that the application is in proper form and that the
applicant has satisfied or will satisfy the standards of the
department, the division shall notify the applicant that it is
qualified to receive state financial assistance for the facility
and program under this section from moneys made available to the
division for purposes of providing assistance to community-based
correctional facilities and programs and district community-based
correctional facilities and programs. (B) The amount of state financial assistance that is
granted awarded to a qualified applicant under this section shall be
determined by the division of parole and community services in
accordance with this division. The division shall adopt a
formula to determine the allocation of state financial assistance
to qualified applicants. The formula shall provide for funding
that is based upon a set fee to be paid to an applicant per
person committed or referred in the year of application. In no
case shall the set fee In determining the amount of state financial assistance to be awarded to a qualified applicant under this section, the division shall not calculate the cost of an offender incarcerated in a community-based correctional facility and program or district community-based correctional facility program to be greater than the average yearly cost of
incarceration per inmate in all state correctional institutions,
as defined in section 2967.01 of the Revised Code, as determined
by the department of rehabilitation and correction. The times and manner of distribution of state financial
assistance to be granted awarded to a qualified applicant under this
section shall be determined by the division of parole and
community services. (C) Upon approval of a proposal for a community-based correctional facility and program or a district community-based correctional facility and program by the division of parole and community services, the facility governing board, upon the advice of the judicial advisory board, shall enter into an award agreement with the department of rehabilitation and correction that outlines terms and conditions of the agreement on an annual basis. In the award agreement, the facility governing board shall identify a fiscal agent responsible for the deposit of funds and compliance with sections 2301.55 and 2301.56 of the Revised Code. (D) No state financial assistance shall be distributed to
a qualified applicant until an agreement concerning the
assistance has been entered into by the director of
rehabilitation and correction and the deputy director of the
division of parole and community services on the part
of the state, and by the chairman chairperson of the judicial
corrections facility governing board of the community-based correctional facility and program or
district community-based correctional facility and program to
receive the financial assistance, whichever is applicable. The
agreement shall be effective for a period of one year from the
date of the agreement and shall specify all terms and conditions
that are applicable to the granting awarding of the assistance, including,
but not limited to: (1) The total amount of assistance to be granted awarded for each
community-based correctional facility and program or district
community-based correctional facility and program, and the times
and manner of the payment of the assistance; (2) How persons who will staff and operate the facility
and program are to be utilized during the period for which the
assistance is to be granted, including descriptions of their
positions and duties, and their salaries and fringe benefits, and
their job qualifications and classifications; (3) A statement that none of the persons who will staff
and operate the facility and program, including those who are
receiving some or all of their salaries out of funds received by
the facility and program as state financial assistance, are
employees or are to be considered as being employees of the
department of rehabilitation and correction, and a statement that
the employees who will staff and operate that facility and
program are employees of the facility and program; (4) A list of the type of expenses, other than salaries of
persons who will staff and operate the facility and program, for
which the state financial assistance can be used, and a
requirement that purchases made with funds received as state
financial assistance be made through the use of competitive
bidding follow established fiscal guidelines as determined by the division of parole and community services and any applicable sections of the Revised Code, including, but not limited to, sections 125.01 to 125.11 and Chapter 153. of the Revised Code; (5) The accounting procedures that are to be used by the
facility and program in relation to the state financial
assistance; (6) A requirement that the facility and program file
quarterly reports, during the period that it receives state
financial assistance, with the division of parole and community
services, which reports shall be statistical in nature and shall
contain that information required under a research design agreed
upon by all parties to the agreement, for purposes of evaluating
the facility and program; (7) A requirement that the facility and program comply
with all of the standards of operation and training and
qualifications of personnel as prescribed by the department under
section 5120.111 of the Revised Code, and with all information
submitted on its application; (8) A statement that the facility and program will attempt
to accept and treat at least fifteen per cent of the eligible
adult felony offenders sentenced in the county or counties it
serves during the period that it receives state financial
assistance; (9) A statement that the facility and program will make a
reasonable effort to augment the funding received from the state.
(D)(E)(1) No state financial assistance shall be distributed
to a qualified applicant until its proposal for a community-based
correctional facility and program or district community-based
correctional facility and program has been approved by the
division of parole and community services.
(2) State financial assistance may be denied to any
applicant if it fails to comply with the terms of any agreement
entered into pursuant to division (C)(D) of this section.
Sec. 5149.34. (A)(1) If a county desires to receive a
subsidy from a subsidy program established under division (A)
of section 5149.31 of the Revised Code for
community corrections programs as described in division
(B)
of that section,
the board of county
commissioners of the county
shall
establish, by a resolution as described in this division, and
maintain a local corrections planning board that, except as
provided in division (A)(2) of this section, shall
include an
administrator of a county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse
located in the county, a county commissioner of that county, a
judge of the court of common pleas of that county, a judge of a municipal
court or county court of that county, an attorney
whose practice of law primarily involves the representation of
criminal defendants, the chief law enforcement officer of the
largest municipal corporation located in the county, the county
sheriff, one or more prosecutors, as defined in section 2935.01
of the Revised Code, one or more representatives of the public,
one
of whom shall be a victim of crime, one or more additional representatives
of the law enforcement
community, one or more additional representatives of the
judiciary, one or more additional representatives of the field of
corrections, and officials from the largest municipal corporation
located in the county. A majority of the members of the board
shall be employed in the adult criminal justice field. At least two
members of the
board shall be members of
the largest racial minority population, if any, in the county,
and at least two other members of the board shall be women. The
resolution shall state the number and nature of the members, the
duration of their terms, the manner of filling vacancies on the
board, and the compensation, if any, that members are to receive. The
board of county commissioners also may specify, as part of the resolution, any
other duties the local corrections planning board is to assume. (2) If, for good cause shown, including, but not limited
to, the refusal of a specified individual to serve on a local
corrections planning board, a particular county is not able to
satisfy the requirements specified in division (A)(1) of this
section for the composition of such a board, the director of
rehabilitation and correction may waive the requirements to the
extent necessary and approve a composition for the board that
otherwise is consistent with the requirements. (B) Each local corrections planning board established
pursuant to division (A) of this section shall adopt
within eighteen months after its establishment, and from time to
time
shall revise, a comprehensive plan for the development,
implementation, and operation of corrections services in the
county. The plan shall be adopted and revised after
consideration has been given to the impact that it will have or
has had on the populations of state correctional
institutions and county, multicounty, municipal,
municipal-county, or multicounty-municipal jails or workhouses in
the county, and shall be designed to unify or coordinate
corrections services in the county and to reduce the number of
persons committed, consistent with the standards adopted under
division (B) of section 5149.31 of the Revised Code, from that
county to state correctional institutions and to county,
multicounty, municipal, municipal-county, or
multicounty-municipal jails or workhouses. The plan and any
revisions to the plan shall be submitted to the board of county
commissioners of the county in which the local corrections
planning board is located for approval. If a county has a community-based correctional facility and
program established in accordance with sections 2301.51 to
2301.56 2301.58 of the Revised Code, the budgets of the facility and
program shall not be subject to approval by the local corrections
planning board, but instead shall continue to be determined in
accordance with those sections. However, the local corrections
planning board shall include the facility and program as part of
the comprehensive plan adopted and revised pursuant to this
division.
SECTION 2. That existing sections 2152.20, 2301.51, 2301.52, 2301.55, 2301.56, 2301.57, 2744.01, 2929.01, 2929.34, 2929.37, 2929.38, 4117.01, 5120.031, 5120.111, 5120.112, and 5149.34 and sections 2301.53, 2301.54, and 2301.58 of the Revised Code are hereby repealed.
SECTION 3. The amendment of sections 2301.51, 2301.52, 2301.55, 2301.56, and 2301.57, the repeal of sections 2301.53, 2301.54, and 2301.58, and the enactment of new section 2301.58 and section 2301.571 of the Revised Code by this act do not change the status of any officer or employee of a community-based correctional facility and program or district community-based correctional facility and program in the public employees retirement system. It is the intent of the General Assembly in amending sections 2301.51, 2301.52, 2301.55, 2301.56, and 2301.57, repealing sections 2301.53, 2301.54, and 2301.58, and enacting new section 2301.58 and section 2301.571 of the Revised Code to ensure membership in the public employees retirement system for officers and employees of publicly operated community-based correctional facilities and programs and district community-based correctional facilities and programs and not to add to the category of employees eligible for membership in the public employees retirement system.
SECTION 4. The amendment of section 4117.01 of the Revised Code by this act preserves the nonexempt collective bargaining status of employees of community-based correctional facilities and programs and district community-based correctional facilities and programs who are covered by a collective bargaining agreement existing on June 1, 2005. These employees shall maintain their non-exempt status beyond the termination date of the existing collective bargaining agreement. All employees of community-based correctional facilities and programs and district community-based correctional facilities and programs who are not covered by a collective bargaining agreement on June 1, 2005, shall be exempt from collective bargaining rights under Chapter 4117. of the Revised Code. SECTION 5. This act does not affect, and shall not be construed as affecting, the authority, responsibility, or powers of the Ohio Ethics Commission under Chapters 102. and 2921. of the Revised Code, as those chapters existed immediately prior to the effective date of this act, with respect to the following:
(A) Any trustee or member of the governing board and any officer of an entity that was or is under contract to control, manage, operate, and have general charge of a community-based correctional facility and program or district community-based correctional facility and program established under former sections 2301.51 to 2301.58 of the Revised Code;
(B) Any individual who, pursuant to a contract with an entity to control, manage, operate, and have general charge of a community-based correctional facility and program or district community-based correctional facility and program established under former sections 2301.51 to 2301.58 of the Revised Code, was or is serving as director or in a substantially similar capacity to director of the facility and program.
SECTION 6. Section 2301.56 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 490 and Sub. H.B. 510 of
the 124th 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.
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