130th Ohio General Assembly
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S. B. No. 56  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 56


Senator Tavares 



A BILL
To amend section 2967.14 of the Revised Code to require an operator of a halfway house or community residential center to notify the Adult Parole Authority when a resident who is under the Authority's supervisory authority leaves the facility without permission, cannot be located, or does not return to the facility at the time required from a scheduled appointment or work assignment; to require notice to the Adult Parole Authority before a halfway house or community residential center may evict a resident who is under the Authority's supervisory authority; and to require the Division of Parole and Community Services to annually review the licensure standards for halfway houses and community residential centers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2967.14 of the Revised Code be amended to read as follows:
Sec. 2967.14.  (A) The adult parole authority may require a parolee or releasee to reside in a halfway house or other suitable community residential center that has been licensed by the division of parole and community services pursuant to division (C) of this section during a part or for the entire period of the parolee's conditional release or of the releasee's term of post-release control. The court of common pleas that placed an offender under a sanction consisting of a term in a halfway house or in an alternative residential sanction may require the offender to reside in a halfway house or other suitable community residential center that is designated by the court and that has been licensed by the division pursuant to division (C) of this section during a part or for the entire period of the offender's residential sanction.
(B) The division of parole and community services may negotiate and enter into agreements with any public or private agency or a department or political subdivision of the state that operates a halfway house or community residential center that has been licensed by the division pursuant to division (C) of this section. An agreement under this division shall provide for the purchase of beds, shall set limits of supervision and levels of occupancy, and shall determine the scope of services for all eligible offenders, including those subject to a residential sanction, as defined in rules adopted by the director of rehabilitation and correction in accordance with Chapter 119. of the Revised Code. The payments for beds and services shall be equal to the halfway house's or community residential center's average daily per capita costs with its facility at full occupancy. The payments for beds and services shall not exceed the total operating costs of the halfway house or community residential center during the term of an agreement. The director of rehabilitation and correction shall adopt rules in accordance with Chapter 119. of the Revised Code for determining includable and excludable costs and income to be used in computing the agency's average daily per capita costs with its facility at full occupancy.
The department of rehabilitation and correction may use no more than ten per cent of the amount appropriated to the department each fiscal year for the halfway house and community residential center program to pay for contracts for nonresidential services for offenders under the supervision of the adult parole authority. The nonresidential services may include, but are not limited to, treatment for substance abuse, mental health counseling, and counseling for sex offenders.
(C) The division of parole and community services shall adopt in accordance with Chapter 119. of the Revised Code standards for the licensure of halfway houses and community residential centers. The division shall annually review the standards. The division may license a halfway house or community residential center as a suitable facility for the care and treatment of adult offenders, including offenders sentenced under section 2929.16 or 2929.26 of the Revised Code, only if the halfway house or community residential center complies with the standards that the division adopts in accordance with Chapter 119. of the Revised Code this division for the licensure of halfway houses and community residential centers. The division shall annually inspect each licensed halfway house and licensed community residential center to determine if it is in compliance with the licensure standards.
(D)(1) If any staff member of a licensed halfway house or community residential center knows that a resident who is under the supervisory authority of the adult parole authority has left the halfway house or community residential center without permission, the operator of the facility shall notify the adult parole authority of that fact immediately upon the staff member gaining that knowledge.
(2) If a resident of a licensed halfway house or community residential center who is under the supervisory authority of the adult parole authority cannot be located and division (D)(1) of this section does not apply, the operator of the facility shall notify the adult parole authority of that fact by whichever of the following times is applicable:
(a) Subject to division (D)(2)(b) of this section, not later than four hours after it initially is determined that the resident cannot be located;
(b) If the adult parole authority, based upon a resident's criminal history or risk level, requires notice of a resident's absence to be given before the expiration of four hours after it initially is determined that the resident cannot be located, not later than the time specified by the adult parole authority.
(3) If a resident of a licensed halfway house or community residential center who is under the supervisory authority of the adult parole authority does not return to the facility at the time required from a scheduled appointment or work assignment, the operator or staff members of the halfway house or community residential center immediately shall attempt to determine the whereabouts of the resident. If the resident cannot be located and division (D)(1) of this section does not apply, the operator shall notify the adult parole authority of that fact by whichever of the following times is applicable:
(a) Subject to division (D)(3)(b) of this section, not later than four hours after it initially is determined that the resident has not returned to the facility at the time required;
(b) If the adult parole authority, based upon a resident's criminal history or risk level, requires notice of a resident's absence to be given before the expiration of four hours after it initially is determined that the resident has not returned to the facility at the time required, not later than the time specified by the adult parole authority.
(4) If a resident of a licensed halfway house or community residential center who is under the supervisory authority of the adult parole authority leaves the facility without permission, cannot be located, or does not return to the facility at the time required from a scheduled appointment or work assignment, the operator of the facility shall complete an incident report that documents all attempts to locate the resident and, if division (D)(1), (2), or (3) of this section requires notification to the adult parole authority, that indicates the date and time when the adult parole authority was notified of the resident's absence. The operator of the facility shall send a copy of the completed incident report to the adult parole authority. Upon receipt of the completed incident report, the adult parole authority shall send a copy of the report to the bureau of community sanctions of the department of rehabilitation and correction.
(5) Before evicting any resident who is under the supervisory authority of the adult parole authority, a licensed halfway house or community residential center shall notify the adult parole authority of the planned eviction.
(6) If the operator of a licensed halfway house or community residential center provides the adult parole authority with notice of a resident's absence pursuant to division (D)(1), (2), or (3) of this section, the adult parole authority shall comply with the applicable policies of the division of parole and community services after receiving the notification.
Section 2. That existing section 2967.14 of the Revised Code is hereby repealed.
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