The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 56 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
| |
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.
|
|