To amend sections 5145.03, 5145.04, 5145.16, and 5145.161 and to enact section 5120.113 of the Revised Code to require the Department of Rehabilitation and Correction to establish and maintain multifactored assessment programs for, and to prepare individualized rehabilitation plans for, specified inmates.

Section 1.  That sections 5145.03, 5145.04, 5145.16, and 5145.161 be amended and section 5120.113 of the Revised Code be enacted to read as follows:

Sec. 5120.113. (A) As used in this section:

(1) "Adaptive behavior" means the effectiveness with which an individual copes with the natural and social demands of the individual's environment, including the degree to which the individual is able to function and maintain the individual's person independently and the degree to which the individual meets satisfactorily the culturally imposed demands of personal and social responsibilities.

(2) "Another health impairment" means limited strength, vitality, or alertness that is due to a chronic or acute heart condition, tuberculosis, rheumatic fever, nephritis, asthma, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, diabetes, or another health problem and that adversely affects an individual's potential educational achievement, vocational training achievement, or employment performance.

(3) "Certificate of high school equivalence" and "certificate of adult basic education" have the same meanings as in section 5120.031 of the Revised Code.

(4) "Covered inmate" means a person who is sentenced on or after the effective date of this section to serve a sentence of imprisonment in a state correctional institution for an offense other than aggravated murder for which the death penalty has been imposed.

(5) "Deaf" means a hearing impairment that is so severe that an individual is impaired in processing linguistic information through hearing, with or without amplification, and that adversely affects the individual's potential educational achievement, vocational training achievement, or employment performance.

(6) "Developmentally disabled person," "mentally retarded person," "mentally retarded person subject to institutionalization by court order," and "a person who is at least moderately mentally retarded" have the same meanings as in section 5123.01 of the Revised Code.

(7) "Evaluation" means an observation, investigation, or examination of, or a consultation with, a covered inmate by one or more qualified officers or employees of the department of rehabilitation and correction or of the adult parole authority or by other qualified individuals in connection with a matter listed in divisions (C)(1) to (4) of this section and the subsequent appraisal of the results of the observation, investigation, examination, or consultation.

(8) "Hard of hearing" means a permanent or fluctuating hearing impairment that adversely affects an individual's potential educational achievement, vocational training achievement, or employment performance and that is not a hearing impairment described in division (A)(5) of this section.

(9) "Mental illness" and "mentally ill person subject to hospitalization by court order" have the same meanings as in section 5122.01 of the Revised Code.

(10) "Multifactored assessment" means the assessment of a covered inmate that consists of the evaluations described in divisions (C)(1) to (4) of this section.

(11) "Orthopedically handicapped" means a severe orthopedic impairment that adversely affects an individual's potential educational achievement, vocational training achievement, or employment performance, including, but not limited to, an impairment caused by a congenital anomaly, disease, amputation, fracture, burn, or other cause.

(12) "Speech handicapped" means stuttering, impaired articulation, a language or voice impairment, or another communicative disorder that adversely affects an individual's potential educational achievement, vocational training achievement, or employment performance.

(13) "State correctional institution" has the same meaning as in section 2967.01 of the Revised Code.

(14) "Visually handicapped" means a visual impairment that, even with correction, adversely affects an individual's potential educational achievement, vocational training achievement, or employment performance, including, but not limited to, partial sight and blindness.

(B) The director of rehabilitation and correction shall adopt rules pursuant to Chapter 119. of the Revised Code to implement a multifactored assessment program for covered inmates that includes the evaluations described in division (C) of this section, that is designed to achieve the objectives specified in division (D)(1) of this section, and that is maintained and otherwise operated in the manner specified in division (E) of this section.

(C) Subject to division (F) of this section, the department of rehabilitation and correction shall conduct or cause to be conducted in accordance with the rules adopted pursuant to division (B) of this section a multifactored assessment of each covered inmate within one year after the inmate begins serving the inmate's sentence of imprisonment under the jurisdiction and control of the department. The multifactored assessment of each covered inmate shall consist of all of the following:

(1) An evaluation of the general intelligence of the inmate, the educational, vocational training, and employment history of the inmate, and the need of the inmate to acquire additional education, vocational training, or employment skills in order to become the type of citizen described in division (D)(1(b) of this section. The evaluation shall include, but is not limited to, a determination as to whether the inmate possesses, desires to acquire, or should be permitted or required to pursue a course of study designed to acquire a high school diploma, a certificate of high school equivalence, a certificate of adult basic education, or an undergraduate or postgraduate college or university degree.

(2) A sociological, psychological, and psychiatric evaluation of the inmate, including, but not limited to, an evaluation of the inmate's adaptive behavior, a determination of the inmate's need to receive social skills training or psychological or psychiatric treatment, and a determination as to whether the inmate is a developmentally disabled person, a mentally retarded person, a person who is at least moderately mentally retarded, or a person who has a mental illness. The department shall make the evaluation required by division (C)(2) of this section in conjunction with the examination required to be conducted under section 5120.11 of the Revised Code, and the department shall notify the sentencing court in writing if the evaluation results in the determination that the inmate appears to be a mentally ill person subject to hospitalization by court order or a mentally retarded person subject to institutionalization by court order. Division (C)(2) of this section does not affect the ability of the managing officer of a state correctional institution under section 5120.17 of the Revised Code to file an affidavit with a probate court alleging that a prisoner confined in that institution is a mentally ill person subject to hospitalization by court order or is a mentally retarded person subject to institutionalization by court order.

(3) An evaluation of other aspects of the physical and mental health of the inmate that are not described in division (C)(2) of this section. The evaluation shall include, but is not limited to, a determination as to whether the inmate is deaf, hard of hearing, orthopedically handicapped, speech handicapped, or visually handicapped, has another health impairment, is a drug dependent person, should be permitted or required to receive substance abuse education or treatment, or is at high risk of infection with the human immunodeficiency virus.

(4) Any other evaluation of the inmate that the director of rehabilitation and correction considers necessary to achieve the objectives specified in division (D)(1) of this section or for another purpose, including, but not limited to, background investigation or classification purposes under section 5120.16 of the Revised Code.

(D)(1) The objectives of the multifactored assessment program for covered inmates shall be as follows:

(a) To promote to the extent practicable the rehabilitation of covered inmates;

(b) To provide, to the extent practicable and considering eligibility criteria and factors specified in other applicable sections of the Revised Code or in rules of the department of rehabilitation and correction, each covered inmate with an opportunity to acquire education, vocational training, employment skills, social skills, psychological or psychiatric care, and substance abuse education or treatment that may permit the inmate to live as a productive, socially adjusted, physically and mentally healthy, and law abiding citizen when the inmate is released from confinement in a state correctional institution upon the expiration of the inmate's stated prison term, upon the inmate's parole, or upon the inmate's other lawful release.

(2) The department of rehabilitation and correction, a managing officer of a state correctional institution, and the adult parole authority, in order to achieve the objectives specified in division (D)(1) of this section and in addition to considering the eligibility criteria or other factors specified in other applicable sections of the Revised Code or in rules of the department, shall consider the evaluations of a covered inmate described in division (C) of this section when making the following determinations:

(a) A determination whether the inmate is an eligible offender and, with the approval of the sentencing judge, will serve the inmate's sentence as a sentence of shock incarceration under section 5120.031 of the Revised Code;

(b) A determination whether the inmate will serve the inmate's sentence of imprisonment pursuant to section 5120.032 of the Revised Code in an intensive program prison that focuses on educational achievement, vocational training, alcohol and other drug of abuse treatment, community service and conservation work, or another intensive regimen or combination of regimens;

(c) A determination whether the inmate will be assigned to perform labor on any public work of this state or will be employed in penal manufacturing and service industries or agriculture, in private industry or agriculture located within or outside the department's institutions, in institutional jobs necessary for the proper maintenance or operation of the department's institutions, or in other appropriate forms of labor pursuant to section 5120.04 or Chapter 5145. of the Revised Code;

(d) A determination whether the inmate should be permitted or required to participate in the educational programs of the Ohio central school system described in section 5145.06 of the Revised Code, other educational programs, other vocational training, substance abuse education or treatment, employment skills training, or social skills training;

(e) A determination whether to transfer an inmate pursuant to section 2967.26 of the Revised Code to transitional control for the purpose of employment, vocational training, or education, or a determination whether to release an inmate pursuant to division (B)(4) of section 5145.16 of the Revised Code on transitional control to gain employment in private industry or agriculture.

(E) The department of rehabilitation and correction shall maintain and otherwise operate the multifactored assessment program for covered inmates as follows:

(1) The department shall cause each evaluation of a covered inmate that is described in division (C) of this section to be in writing, and the department shall cause all of the written evaluations pertaining to a covered inmate to be placed together in the inmate's records held by the state correctional institution in which the inmate is confined.

(2) The department shall prepare for each covered inmate a written rehabilitation plan that specifies an individualized education, vocational training, employment skills training, social skills training, psychological or psychiatric care, and substance abuse education or treatment regimen and that specifies the manner in which the evaluations of the inmate described in division (C) of this section were considered in formulating that regimen and making the determinations listed in divisions (D)(2)(a) to (e) of this section. The department shall cause the written rehabilitation plan to be placed in the inmate's records held by the state correctional institution in which the inmate is confined together with the written evaluations described in division (E)(1) of this section.

(3) The department periodically shall review the needs of each covered inmate for education, vocational training, employment skills training, social skills training, psychological or psychiatric care, and substance abuse education or treatment and shall assess the progress of the inmate in each of those areas under the individualized rehabilitation plan described in division (E)(2) of this section. The department shall prepare a written report that sets forth the findings of the periodic review and place the report in the inmate's records held by the state correctional institution in which the inmate is confined together with the written evaluations described in division (E)(1) of this section and the individualized rehabilitation plan described in division (E)(2) of this section. Following each periodic review, the department shall modify the inmate's immediately prior regimen as set forth in the individualized rehabilitation plan described in division (E)(2) of this section if the department considers a modification to be reasonably necessary to achieve the objectives described in division (D)(1) of this section.

(4) Immediately prior to a covered inmate's release from confinement in a state correctional institution, upon the expiration of the inmate's stated prison term, upon the inmate's parole or upon the inmate's other lawful release, the department shall prepare and provide the inmate with a copy of a report that cumulates the information contained in the written evaluations described in division (E)(1) of this section, the individualized rehabilitation plan described in division (E)(2) of this section, and the periodic reports and modifications to the individualized rehabilitation plan described in division (E)(3) of this section and that the inmate may present to a prospective employer to establish the inmate's progress and status in the areas of education, vocational training, employment skills, social skills, psychological or psychiatric health, and substance abuse education or treatment.

(F)(1) The director of rehabilitation and correction may extend, in the director's discretion, the multifactored assessment program for covered inmates or aspects of that program to persons who were sentenced prior to the effective date of this section to serve a sentence of imprisonment in a state correctional institution for an offense other than aggravated murder for which the death penalty has been imposed.

(2) Except as otherwise specifically provided in the Revised Code, this section does not affect an evaluation, assessment, observation, examination, investigation, study, identification, policy, classification, periodic review, rule, report, or other record that the department of rehabilitation and correction is required or permitted to conduct, make, or prepare or cause to be conducted, made, or prepared in connection with a covered inmate under this chapter or Chapter 5145. of the Revised Code.

(G) If an evaluation described in division (C)(2) or (3) of this section results in the determination that a covered inmate may have severe psychological or psychiatric problems but does not appear to be a mentally ill person subject to hospitalization by court order or a mentally retarded person subject to institutionalization by court order, the department shall confine the inmate in a state correctional institution, or a portion of a state correctional institution, exclusively devoted to the confinement of inmates who have severe psychological or psychiatric problems but who do not appear to be mentally ill persons subject to hospitalization by court order or mentally retarded persons subject to institutionalization by court order.

Sec. 5145.03.  (A) The department of rehabilitation and correction, subject to the approval of the governor, shall make any rules for the government of prisoners that tend to promote their reformation and that are consistent with section 5120.113 of the Revised Code when that section is applicable, or be and rules that are necessary for the purpose of sections 5145.01 to 5145.27 of the Revised Code, except that any rules that govern penal manufacturing and service industries and agriculture or labor performed by prisoners and that do not govern security shall be adopted pursuant to division (B) of this section. The department shall make provisions for the separation or classification of prisoners, for their division into different grades with promotion or degradation according to merit or demerit, and, consistent with section 5120.113 of the Revised Code when that section is applicable, for their instruction in industrial pursuits, and their education.

(B) The director of the department of rehabilitation and correction shall adopt rules for the administration of the department's program for employment of prisoners that is established pursuant to section 5145.16 of the Revised Code. The rules shall be consistent with section 5120.113 of the Revised Code when applied to covered inmates as defined in that section. The rules shall be adopted, amended, and rescinded pursuant to Chapter 119. of the Revised Code, except that rules governing security shall not be adopted pursuant to that chapter and except that no prisoner who is in the custody of the department and who is incarcerated has any legal right to attend any hearing that is held on the rules pursuant to that chapter and that is held outside the institution in which the prisoner is incarcerated; however, the attorney for any prisoner may attend the hearing on behalf of the prisoner. The director may hold hearings on the rules pursuant to that chapter at any of the department's correctional institutions to receive comment from prisoners, which hearings may be attended by prisoners incarcerated at the institution at which any of the hearings is held. The rules shall provide for the following:

(1) A procedure for seeking the employment of prisoners in penal industries and agriculture, in private industry and agriculture located within or outside the department's institutions, in public works, in institutional jobs necessary for the proper maintenance or operation of the department's institutions, and in other appropriate forms of labor;

(2) A system of compensation, allowances, hours, conditions of employment, and advancement for prisoners who are employed in any form of labor;

(3) The regulation of the working conditions for prisoners who are employed in any form of labor;

(4) The categorization of all jobs performed by prisoners into levels, grades within the levels, or other appropriate categories based upon the skills required to perform the job, the security required for the job, the location at which the job is performed, and any other relevant characteristics of the job;

(5) A procedure for the assignment of prisoners to perform jobs in correctional industries and agriculture, and in private industry and agriculture, that are located in institutions under the control of the department other than the institutions to which the prisoners are committed;

(6) A procedure for the periodic review of each prisoner's performance at his the prisoner's jobs and for the periodic evaluation of the prisoner's qualifications for other jobs at higher grades, levels, or categories, with different skill requirements, with different career potential, with other training potentials, or with other working conditions or schedules, that shall be consistent with section 5120.113 of the Revised Code when a prisoner is a covered inmate as defined in that section;

(7) An accounting system for the allocation of the earnings of each prisoner;

(8) A procedure for the transportation of prisoners whenever necessary between institutions and to and from private industry or agriculture to perform jobs;

(9) A disciplinary procedure for violations of work or security requirements;

(10) Any other rules on any subject that are otherwise necessary to administer sections 5145.16 and 5145.161 of the Revised Code or to provide employment for as many prisoners as possible.

(C) The department shall keep a correct daily record of the conduct of each prisoner and of his the prisoner's fidelity and diligence in the performance of his the prisoner's work. The department may use the daily records in the preparation of the progress assessment portion of the periodic reports described in division (E)(3) of section 5120.113 of the Revised Code.

Sec. 5145.04.  The department of rehabilitation and correction shall maintain the control over prisoners committed to its custody that prevents them from committing crime, shall secure their self-support, and, consistent with section 5120.113 of the Revised Code when a prisoner is a covered inmate as defined in that section, shall accomplish their reformation.

When a prisoner is received into a state correctional institution upon direct sentence to the institution, the department shall enter in a register the date of the admission, the prisoner's name, age, nativity, and nationality, and other facts as to the prisoner's parentage and early social influences that might indicate the constitutional and acquired defects and tendencies of the prisoner. Upon these entries in the register shall be based an and consistent with section 5120.113 of the Revised Code when the prisoner is a covered inmate as defined in that section, the department shall estimate of the condition of the prisoner and the best probable plan of his for the prisoner's treatment.

Sec. 5145.16.  (A) The department of rehabilitation and correction shall establish work programs in some form of labor for as many prisoners as possible who are in the custody of the department, except those prisoners who are not able to perform labor because of illness or other health problems, security requirements, routine processing, disciplinary action, or other reasonable circumstances or, except as otherwise provided in an individualized rehabilitation plan prepared pursuant to section 5120.113 of the Revised Code for a covered inmate as defined in that section, because they are engaged in educational, vocational, or other training. The labor may be in the department's manufacturing and service industries and agriculture, in private industry or agriculture that is located within or outside the department's institutions, in public works, in institutional jobs necessary for the proper maintenance and operation of the institutions under the control of the department, or in any other appropriate form of labor. The department, pursuant to the program, shall attempt to engage in work programs as many prisoners as possible who are in its custody and who are eligible for the programs. The department is not required to engage every eligible prisoner in a work program when sufficient money, facilities, or jobs are not available for the program; however, the department shall continuously shall seek sources of labor for as many eligible prisoners as possible.

(B) The department, in establishing and administering work programs established pursuant to described in division (A) of this section, shall do all of the following:

(1) Assign a level, grade within the level, or other category for each job within the penal manufacturing and service industries and agriculture, each job within private industry and agriculture, each institutional job, each job in public works, and every other job for which prisoners are eligible to perform labor. The level, grade, and other categorization of each job shall be dependent upon the skills required to perform the job, the security that is present at the job, the salary and other compensation for the job, and any other relevant characteristics of the job.

(2) Establish for each institution controlled by the department a system for assigning prisoners to perform jobs, for periodically evaluating the job performance of each prisoner, and for periodically evaluating the qualifications of each prisoner for other jobs, that shall be consistent with section 5120.113 of the Revised Code when a prisoner is a covered inmate as defined in that section;

(3) Transfer prisoners, whenever appropriate, to institutions controlled by the department to enable a prisoner to be engaged in a different job;

(4) Whenever appropriate, permit prisoners to be released on transitional control, in addition to other authorized reasons for transferring a prisoner to transitional control, to gain post-release employment in private industry or agriculture;

(5) Attempt to provide jobs and job training for prisoners that will be useful to the prisoners in obtaining employment when released, except that institutional jobs at the institutions need not be related to employment outside the institution;

(6) Establish an accounting system to administer and allocate the earnings of the prisoners as provided by division (C)(8) of this section;

(7) Require all persons in private industry or agriculture who employ prisoners to meet all applicable work safety standards.

(C) The department, in establishing and administering the work programs required to be established by described in division (A) of this section, may do any of the following:

(1) Enter into contracts with private industry and agriculture and receive grants to establish test work programs within or outside institutions under the control of the department;

(2) Enter into contracts with private industry for the establishment of manufacturing and service industries within or close to institutions under the control of the department for the employment of prisoners;

(3) Enter into contracts with private industry and agriculture to provide work programs for prisoners;

(4) Lease or sell state-owned land for the establishment of private industry or agriculture upon the condition that the majority of the industrial or agricultural jobs created by the industry or agriculture be given to prisoners;

(5) Construct factories or shops to provide work programs for prisoners;

(6) Enter into contracts with labor organizations, except that the department shall not permit any prisoners to establish their own labor organization and that a labor organization shall not represent any prisoners employed within an institution controlled by the department;

(7) Enter into any other contracts or perform any other functions that are necessary to comply with division (A) of this section or section 5145.161 of the Revised Code;

(8) Allocate the earnings of the prisoners as follows:

(a) Up to twenty-five per cent of the earnings to reimburse the state for room and board and for the expense of providing employment to the prisoner.;

(b) Up to twenty-five per cent of the earnings to be distributed to one or both of the following:

(i) To the victims of the prisoner's offenses for restitution if the prisoner voluntarily requests or is under court order to make restitution payments;

(ii) To the reparations fund established pursuant to division (A) of section 2743.191 of the Revised Code if the prisoner voluntarily participates in an approved work and training program under this section.

(c) Up to twenty-five per cent of the earnings to the prisoner's dependents.;

(d) At least twenty-five per cent of the earnings to the account of the prisoner.

(D) A prisoner who is engaged in a work program that is established under this section and in which the prisoner is required to operate a motor vehicle, as defined in division (I) of section 4509.01 of the Revised Code, is an "employee" of the state for the sole purpose of liability insurance coverage pursuant to section 9.83 of the Revised Code to cover the prisoner's required operation of the motor vehicle. A prisoner enrolled in a work program established by the department of rehabilitation and correction shall not be considered as an employee of the state under any other circumstance or for any other purpose.

Sec. 5145.161.  (A) The program for the employment of prisoners within the custody of the department of rehabilitation and correction that the department is required to establish by division (A) of section 5145.16 of the Revised Code shall be administered in accordance with any rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, the rules adopted pursuant to division (B) of section 5120.113 of the Revised Code, and with the following requirements:

(1) The department shall consider the nature of the offense committed by a prisoner, the availability of employment, the security requirements for the prisoner, the prisoner's present state of mind, the prisoner's record in the institution to which the prisoner has been committed, and all other relevant factors when assigning a prisoner to the prisoner's initial job assignment. The department, when making a prisoner's initial job assignment, shall attempt to develop the prisoner's work skills, provide rehabilitation for the prisoner, consider the proximity to the prisoner's family, and permit the prisoner to provide support for the prisoner's dependents if the prisoner's earnings are sufficient for that to be feasible.

(2)(a) Except as provided in division (A)(2)(b) of this section, no prisoner shall be assigned to any job with the Ohio penal industries, or to any other job level or job grade of prisoner employment that the director of rehabilitation and correction may designate, unless the prisoner has obtained a high school diploma or a certificate of high school equivalence.

(b) Division (A)(2)(a) of this section does not apply to either of the following:

(i) A prisoner who is determined, in accordance with a procedure approved by the director, to be incapable of obtaining a diploma or certificate of high school equivalence;

(ii) A prisoner working in the Ohio penal industries as of February 1, 1999, who applied on or before May 1, 1999, for enrollment in a program leading to a diploma or a certificate of high school equivalence, and who has been enrolled in that program for less than one year.

(3) Each prisoner shall be required to perform the prisoner's job satisfactorily, be permitted to be absent from the prisoner's job only for legitimate reasons, be required to comply with all security requirements, and be required to comply with any other reasonable job performance standards.

(4) A prisoner who advances from one job grade to the next higher job grade within the job level, advances from one job level to the next higher job level, or advances from one job category to the next highest job category shall receive additional benefits in accordance with the rules adopted pursuant to division (B) of section 5145.03 of the Revised Code.

(5) A prisoner shall not be eligible for a job in private industry or agriculture, unless the prisoner meets the requirements of the department for private employment that are set forth in rules adopted pursuant to division (B) of section 5145.03 of the Revised Code.

(6) A prisoner who violates the work requirements of any job grade, level, or category shall be disciplined pursuant to the disciplinary procedure adopted pursuant to division (B)(9) of section 5145.03 of the Revised Code.

(B) The department of rehabilitation and correction may administer the program that it is required to establish by division (A) of section 5145.16 of the Revised Code in any manner that is consistent with division (A) of this section, division (B) of section 5145.03, and section sections 5120.113 and 5145.16 of the Revised Code.

Section 2.  That existing sections 5145.03, 5145.04, 5145.16, and 5145.161 of the Revised Code are hereby repealed.