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(126th General Assembly)
(Substitute House Bill Number 4)
AN ACT
To amend section 181.52 of the Revised Code to create the Ohio Incident-Based Reporting System in the Office of Criminal Justice Services and to require that law enforcement agencies that receive certain types of funding participate in the system, in the Uniform Crime Reporting Program of the F.B.I., or in the Ohio Local Law Enforcement Information Sharing Network.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 181.52 of the Revised Code be amended to read as follows:
Sec. 181.52. (A) There is hereby created an office of
criminal justice services. The governor shall appoint a director
of the office, and the director may
appoint, within the office,
any professional and technical
personnel and other employees that
are necessary to enable the
office to comply with sections 181.51
to 181.56 of the Revised
Code. The director and the assistant
director of the office, and
all professional and technical
personnel employed within the
office who are not public employees
as defined in section 4117.01
of the Revised Code, shall be in the
unclassified civil service,
and all other persons employed within
the office shall be in the
classified civil service. The director
may enter into any
contracts, except contracts governed by Chapter
4117. of the
Revised Code, that are necessary for the operation of
the office. (B) Subject to division
(E)(F) of this section and subject
to
divisions
(D) to (F) of section 5120.09 of the Revised Code
insofar as those
divisions relate to federal criminal justice acts
that the governor requires
the department of rehabilitation and
correction to administer, the office
of criminal justice services
shall do all of the following: (1) Serve as the state criminal justice services agency
and
perform criminal
justice system planning in the
state, including
any planning that is required by any federal
law; (2) Collect, analyze, and correlate information and data
concerning the criminal
justice
system in the
state; (3) Cooperate with and provide technical assistance to
state
departments, administrative planning districts,
metropolitan
county criminal justice services agencies, criminal
justice
coordinating councils, agencies, offices, and departments
of the
criminal
justice
system in the state, and
other appropriate
organizations and persons; (4) Encourage and assist agencies, offices, and
departments
of the criminal
justice
system in the
state
and other
appropriate organizations and persons to solve
problems
that
relate to the duties of the office; (5) Administer within the state any federal criminal
justice
acts
that the governor requires
it to
administer; (6)
Administer funds received under the
"Family Violence
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.
10401, as amended, with all powers necessary for the adequate
administration of those funds, including the authority to
establish a family violence prevention and services program. (7) Implement the state comprehensive plans; (8) Audit grant activities of agencies, offices,
organizations, and persons that are financed in whole or in part
by funds granted through the office; (9) Monitor or evaluate the performance of criminal
justice
system projects and programs in the state
that
are financed in
whole or in part by funds granted through the
office; (10) Apply for, allocate, disburse, and account for
grants
that are made available pursuant to federal criminal
justice acts,
or made available from
other federal,
state, or private sources,
to improve the criminal
justice
system in the state. All money
from
such federal
grants
shall, if the terms under which the money
is
received
require that
the
money be deposited into an
interest-bearing fund
or account,
be deposited in
the state
treasury to the credit of
the federal
program purposes fund, which
is hereby created. All
investment
earnings of the fund shall be
credited to
the fund. (11) Contract with federal, state, and local agencies,
foundations, corporations, businesses, and persons when necessary
to carry out the duties of the office; (12) Oversee the activities of metropolitan county
criminal
justice services agencies, administrative planning
districts, and
criminal justice coordinating councils in the
state; (13) Advise the general assembly and governor on
legislation
and other significant matters that pertain to the
improvement and
reform of criminal and juvenile justice systems
in
the state; (14) Prepare and recommend legislation to the general
assembly and governor for the improvement of the criminal and
juvenile justice systems in the state; (15) Assist, advise, and make any reports that are
requested
or required by the governor, attorney general, or
general
assembly; (16) Develop and maintain the Ohio incident-based reporting system in accordance with division (C) of this section;
(17) Adopt rules pursuant to Chapter 119. of the Revised
Code. (C) The office of criminal justice services shall develop and maintain the Ohio incident-based reporting system to facilitate the sharing of information with the federal bureau of investigation and participating law enforcement agencies in Ohio. The Ohio incident-based reporting system shall be known as OIBRS. In connection with OIBRS, the office shall do all of the following:
(1) Collect and organize statistical data for reporting to the national incident-based reporting system operated by the federal bureau of investigation for the purpose of securing federal criminal justice grants;
(2) Analyze and highlight mapping data for participating law enforcement agencies;
(3) Distribute data and analyses to participating law enforcement agencies;
(4) Encourage nonparticipating law enforcement agencies to participate in OIBRS by offering demonstrations, training, and technical assistance;
(5) Provide assistance, advice, and reports requested by the governor, the general assembly, or the federal bureau of investigation;
(6) Require every law enforcement agency that receives federal criminal justice grants or state criminal justice information system general revenue funds through the office to participate in OIBRS or in the uniform crime reporting program of the federal bureau of investigation. An agency that submits OIBRS data to the Ohio local law enforcement information sharing network shall be considered to be in compliance with division (C)(6) of this section if both of the following apply:
(a) The Ohio local law enforcement information sharing network is capable of collecting OIBRS data.
(b) The office of criminal justice services has the ability to extract the OIBRS data for reporting to the national incident-based reporting system in the manner required by the federal bureau of investigation.
(D)
Upon the request of the governor, the office of
criminal
justice services may do any of
the
following: (1) Collect, analyze, or correlate information and data
concerning the juvenile justice system in the state; (2) Cooperate with and provide technical assistance to state
departments, administrative planning districts, metropolitan
county criminal justice service agencies, criminal justice
coordinating councils, agency offices, and the departments of the
juvenile justice system in the state and other appropriate
organizations and persons; (3) Encourage and assist agencies, offices, and departments
of the juvenile justice system in the state and other appropriate
organizations and persons to solve problems that relate to the
duties of the office. (D)(E)
Divisions (B)
and, (C), and (D) of this section
do not limit
the
discretion or authority
of the attorney general with respect
to
crime victim assistance and
criminal justice programs.
(E)(F) Nothing in this section is intended to diminish or
alter
the status of the office of the attorney general as a
criminal
justice services agency or to diminish or alter the status or discourage the development and use of other law enforcement information systems in Ohio.
SECTION 2. That existing section 181.52 of the Revised Code is hereby repealed.
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