reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.46 | Appropriating Property.

Effective:
October 26, 1999
Latest Legislation:
House Bill 19 - 123rd General Assembly
When it is necessary for a state correctional institution to acquire any real estate, right-of-way, or easement in real estate in order to accomplish the purposes for which it was organized or is being conducted, and the department of rehabilitation and correction is unable to agree with the owner of the property upon the price to be paid therefor, the property may be appropriated in the manner provided for the appropriation of property for other state purposes.
Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.47 | Leasing Capital Facilities.

Effective:
July 1, 2014
Latest Legislation:
House Bill 497 - 130th General Assembly
The department of rehabilitation and correction shall lease capital facilities constructed, reconstructed, or otherwise improved, which facilities are financed by the treasurer of state pursuant to Chapter 154. of the Revised Code, for the use of the department, and may enter into any other agreements with the Ohio public facilities commission, the department of administrative services, or any other authorized state agency ancillary to the construction, reconstruction, improvement, financing, leasing, or operation of such capital facilities, including, but not limited to, any agreements required by the applicable bond proceedings authorized by Chapter 154. of the Revised Code. Such agreements shall not be subject to section 5120.24 of the Revised Code. Any lease of capital facilities authorized by this section shall be governed by Chapter 154. of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.48 | Apprehending Escapee or Prisoner Mistakenly Released.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) If a prisoner escapes from a state correctional institution, the managing officer of the institution, after consultation with and upon the advice of appropriate law enforcement officials, shall assign and deploy into the community appropriate staff persons necessary to apprehend the prisoner. Correctional officers and officials may carry firearms when required in the discharge of their duties in apprehending, taking into custody, or transporting to a place of confinement a prisoner who has escaped from a state correctional institution.
(B) If a prisoner is released from a state correctional institution prior to the lawful end of the person's prison term or term of imprisonment, whether by error, inadvertence, fraud, or any other cause except a lawful parole or judicial release granted pursuant to section 2929.20 of the Revised Code or the successful completion of a risk reduction sentence under section 5120.036 of the Revised Code, the managing officer of the institution, after consulting with the bureau of sentence computation, shall notify the chief of the adult parole authority, the office of victim services of the division of parole and community services, and the sentencing court of the mistaken release. Upon the direction of the chief, or the chief's designee, field officers of the authority may arrest the prisoner without a warrant and return the prisoner to the state correctional institution to complete the balance of the prisoner's sentence. The chief of the adult parole authority, or the chief's designee, may require the assistance of any peace officer or law enforcement officer in the apprehension of a prisoner of that nature.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.49 | Standards and Guidelines for Termination of Parole Board's Control Over Certain Sexually Violent Offenders.

Effective:
January 1, 2008
Latest Legislation:
Senate Bill 10 - 127th General Assembly
The department of rehabilitation and correction, by rule adopted under Chapter 119. of the Revised Code, shall prescribe standards and guidelines to be used by the parole board in determining, pursuant to section 2971.04 of the Revised Code, whether it should terminate its control over an offender's service of a prison term imposed upon the offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code. The rules shall include provisions that specify that the parole board may not terminate its control over an offender's service of a prison term imposed upon the offender under any of the specified divisions until after the offender has served the minimum term imposed as part of that prison term and until the parole board has determined that the offender does not represent a substantial risk of physical harm to others.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.52 | Contract for Sewage Services.

Effective:
April 7, 2009
Latest Legislation:
House Bill 130 - 127th General Assembly
The department of rehabilitation and correction may enter into a contract with any person or with a political subdivision in which a state correctional institution is located under which an institution will provide water or sewage treatment services for the person or political subdivision if the institution has a water or sewage treatment facility with sufficient excess capacity to provide the services.
Any such contract shall include all of the following:
(A) Limitations on the quantity of sewage that the facility will accept or the quantity of potable water that the facility will provide that are compatible with the needs of the state correctional institution;
(B) The bases for calculating reasonable rates to be charged the person or political subdivision for potable water or for sewage treatment services and for adjusting the rates;
(C) All other provisions the department considers necessary or proper to protect the interests of the state in the facility and the purpose for which it was constructed.
All amounts due the department under the contract shall be paid to the department by the person or political subdivision at the times specified in the contract. The department shall deposit all such amounts in the state treasury to the credit of the correctional institution water and sewage treatment facility services fund, which is hereby created. The fund shall be used by the department to pay costs associated with operating and maintaining the water or sewage treatment facility.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.58 | Rules for Health Care Benefits and Preventive Services.

Effective:
September 6, 2002
Latest Legislation:
House Bill 170 - 124th General Assembly
The department of rehabilitation and correction shall adopt rules under section 111.15 of the Revised Code to do both of the following:
(A) Establish a schedule of health care benefits that are available to offenders who are in the custody or under the supervision of the department;
(B) Establish a program to encourage the utilization of preventive health care services by offenders.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.59 | Verification of Prisoner's Identity Before Release.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
Before a prisoner is released from a state correctional institution, the department of rehabilitation and correction shall attempt to verify the prisoner's identification and social security number. If the department is not able to verify the prisoner's identification and social security number, if the prisoner has no other documentary evidence required by the registrar of motor vehicles for the issuance of an identification card under section 4507.50 of the Revised Code, and if the department determines that the prisoner is legally living in the United States, the department shall issue to the prisoner upon the prisoner's release an identification card that the prisoner may present to the registrar or a deputy registrar of motor vehicles.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.62 | Internet Access for Prisoners.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The director of rehabilitation and correction shall adopt rules under Chapter 119. of the Revised Code that govern the establishment and operation of a system that provides limited and monitored access to the internet for prisoners solely for a use or purpose approved by the managing officer of that prisoner's institution or by the managing officer's designee. The rules shall include all of the following:
(A) Criteria by which inmates may be screened and approved for access or training involving the internet;
(B) Designation of the authority to approve internet sites for authorized use;
(C) A requirement that only pre-approved sites will be accessible;
(D) A process for the periodic review of the operation of the system, including users of the system and the sites accessed by the system;
(E) Sanctions that must be imposed against prisoners and staff members who violate department rules governing prisoner access to the internet.
Last updated August 12, 2021 at 11:29 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.65 | Prison Nursery Program.

Effective:
September 3, 2004
Latest Legislation:
House Bill 117 - 125th General Assembly
(A) The department of rehabilitation and correction may establish in one or more of the institutions for women operated by the department a prison nursery program under which eligible inmates and children born to them while in the custody of the department may reside together in the institution. If the department establishes a prison nursery program in one or more institutions under this section, sections 5120.651 to 5120.657 of the Revised Code apply regarding the program. If the department establishes a prison nursery program and an inmate participates in the program, neither the inmate's participation in the program nor any provision of sections 5120.65 to 5120.657 of the Revised Code affects, modifies, or interferes with the inmate's custodial rights of the child or establishes legal custody of the child with the department.
(B) As used in sections 5120.651 to 5120.657 of the Revised Code:
(1) "Prison nursery program" means the prison nursery program established by the department of rehabilitation and correction under this section, if one is so established.
(2) "Public assistance" has the same meaning as in section 5101.58 of the Revised Code.
(3) "Support" means amounts to be paid under a support order.
(4) "Support order" has the same meaning as in section 3119.01 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.651 | Eligibility for Program.

Effective:
September 19, 2014
Latest Legislation:
Senate Bill 143 - 130th General Assembly
An inmate is eligible to participate in the prison nursery program if she is pregnant at the time she is delivered into the custody of the department of rehabilitation and correction, she gives birth on or after the date the program is implemented, she is subject to a sentence of imprisonment of not more than three years, and she and the child meet any other criteria established by the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.652 | Duties of Inmate Participants.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
To participate in the prison nursery program, each eligible inmate selected by the department shall do all the following:
(A) Agree in writing to do all the following:
(1) Comply with any program, educational, counseling, and other requirements established for the program by the department of rehabilitation and correction;
(2) If eligible, have the child participate in the medicaid program or a health insurance program;
(3) Accept the normal risks of childrearing;
(4) Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child.
(B) Assign to the department any rights to support from any other person, excluding support assigned pursuant to section 5107.20 of the Revised Code and medical support assigned pursuant to section 5160.38 of the Revised Code;
(C) Specify with whom the child is to be placed in the event the inmate's participation in the program is terminated for a reason other than release from imprisonment.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.653 | Termination of Participation in Program.

Effective:
March 15, 2001
Latest Legislation:
House Bill 661 - 123rd General Assembly
An inmate's participation in the prison nursery program may be terminated by the department of rehabilitation and correction if one of the following occurs:
(A) The inmate fails to comply with the agreement entered into under division (A) of section 5120.652 of the Revised Code.
(B) The inmate's child becomes seriously ill, cannot meet medical criteria established by the department of rehabilitation and correction for the program, or otherwise cannot safely participate in the program.
(C) A court issues an order that designates a person other than the inmate as the child's residential parent and legal custodian.
(D) A juvenile court, in an action brought pursuant to division (A)(2) of section 2151.23 of the Revised Code, grants custody of the child to a person other than the inmate.
(E) An order is issued pursuant to section 3109.04 of the Revised Code granting shared parenting of the child.
(F) An order of disposition regarding the child is issued pursuant to division (A)(2), (3), or (4) of section 2151.353 of the Revised Code granting temporary, permanent, or legal custody of the child to a person, other than the inmate, or to a public children services agency or private child placing agency.
(G) The inmate is released from imprisonment.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.654 | Collecting Support Payments.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The rights to support assigned by an inmate pursuant to section 5120.652 of the Revised Code constitute an obligation of the person who is responsible for providing the support to the department of rehabilitation and correction for the support provided the inmate and child pursuant to the prison nursery program. The division of child support in the department of job and family services shall collect support payments made pursuant to the assignment and forward them to the department of rehabilitation and correction.
(B) The department of rehabilitation and correction may receive the following:
(1) Money that is assigned or donated on behalf of, and assistance provided under Ohio works first to, a specific inmate or child participating in the prison nursery program;
(2) Money assigned or donated to establish and maintain the prison nursery program.
(C) The amounts described in division (B)(1) of this section shall be placed in the individual nursery account created and maintained under section 5120.655 of the Revised Code for the inmate and child for whom the money was received. The money described in division (B)(2) of this section shall be deposited in the appropriate prison nursery program fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.655 | Prison Nursery Program Fund - Individual Nursery Accounts.

Effective:
March 15, 2001
Latest Legislation:
House Bill 661 - 123rd General Assembly
The managing officer of each institution in which a prison nursery program is established pursuant to section 5120.65 of the Revised Code shall do the following:
(A) Create and maintain a prison nursery program fund to pay expenses associated with the prison nursery program;
(B) Create and maintain an individual nursery account for each inmate participating in the prison nursery program at the institution to help pay for the support provided to the inmate and child pursuant to the program.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.656 | No Regulation by Department of Job and Family Services.

Effective:
March 15, 2001
Latest Legislation:
House Bill 661 - 123rd General Assembly
Notwithstanding any other provision of the Revised Code, neither the prison nursery program nor the department of rehabilitation and correction, with respect to the program, is subject to any regulation, licensing, or oversight by the department of job and family services unless the departments agree to voluntary regulation, licensing, or oversight by the department of job and family services.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.657 | Adoption of Rules.

Effective:
March 15, 2001
Latest Legislation:
House Bill 661 - 123rd General Assembly
If the department of rehabilitation and correction establishes the prison nursery program, it shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish requirements necessary and appropriate to the establishment, implementation, and operation of the program. The department shall adopt the rules prior to implementing the program.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.68 | Warden's Report to Parole Board.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) When a prisoner becomes eligible for parole under section 2967.13 of the Revised Code, the warden of the institution in which the prisoner is incarcerated shall prepare a report containing all of the following information:
(1) Information concerning the prisoner's participation in programs during the prisoner's time at the institution;
(2) Information concerning the prisoner's compliance or noncompliance with rules while at the institution;
(3) Information concerning the ability of the prisoner to seek and obtain employment upon release from incarceration.
(B) The warden shall submit the report created under division (A) of this section to the parole board prior to any hearing to determine whether or not the prisoner should be paroled.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.70 | Federal Equitable Sharing Fund.

Effective:
April 7, 2009
Latest Legislation:
House Bill 130 - 127th General Assembly
(A) There is hereby created in the state treasury the federal equitable sharing fund. The director of rehabilitation and correction shall deposit in the fund all money received by the department from the federal government as equitable sharing payments under 28 U.S.C. 524. The director shall establish rules pursuant to Chapter 119. of the Revised Code for the operation of the fund.
(B)(1) The department of rehabilitation and correction shall use federally forfeited property and the proceeds of federally forfeited property only for law enforcement purposes. The department shall implement auditing procedures that will trace assets and interest to the equitable sharing fund.
(2) Within sixty days of the close of the fiscal year, the department shall submit to the chairpersons of the committees of the senate and the house of representatives that consider criminal justice legislation all of the following information:
(a) The annual certification report submitted to the United States department of justice and the United States department of treasury;
(b) A report identifying all DAG-71 forms submitted to the federal government and a consecutive numbering log of the copies including identifiers for the type of asset, the amount, the share requested, the amount received, and the date received.
(3) The department shall provide the committees with any documentation related to the reports that members of the committees request. The report may be submitted in a tangible format, an electronic format, or both.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.80 | Community Programs Fund.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
There is hereby created in the state treasury the community programs fund. The department of rehabilitation and correction shall use the moneys in the fund to do the following:
(A) Fund the halfway house, reentry center, and community residential center program under section 2967.14 of the Revised Code, with priority being given to the funding of residential service contracts that reduce the number of homeless offenders by housing offenders released from a state correctional institution who are required to reside in a community residential center pursuant to section 2967.14 of the Revised Code, regardless of criminal history, security level at release, or any other factor or factors that otherwise would have caused the offender to be rejected from placement;
(B) Fund the transitional control program under section 2967.26 of the Revised Code;
(C) Provide assistance to approved community-based correctional facilities and programs and district community-based correctional facilities and programs under section 5120.112 of the Revised Code;
(D) Support the subsidy program established under section 5149.31 of the Revised Code; and
(E) Provide probation improvement grants and probation incentive grants under section 5149.311 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.99 | Penalty.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
A person who violates division (B)(2) of section 5120.211 of the Revised Code shall be fined not more than two thousand five hundred dollars on a first offense and not more than twenty thousand dollars on a subsequent offense.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.01 | Cost for Support of Patients in Hospitals and Residents.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
As used in sections 5121.01 to 5121.21 of the Revised Code:
(A) "Resident" means a person admitted to an institution or other facility pursuant to Chapter 5123. of the Revised Code who is under observation or receiving habilitation and care.
(B) "Applicable cost" means the rate for support applicable to a resident as specified in this section.
The cost for support of residents in institutions under the jurisdiction of the department of developmental disabilities, and of residents in private facilities or homes whose care or treatment is being paid for by the department, shall be based on the average per capita cost of the care and treatment of the residents. The cost of services for residents shall be computed using the projected average daily per capita cost at the institution, or at the discretion of the department, the subunit thereof in which services are provided. Such costs shall be computed at least annually for the next prospective period using generally accepted governmental accounting principles. The cost of services for residents that are being cared for and maintained in a private facility or home under the supervision of the department and for which a purchase of services contract is being paid to the private facility or home by the department shall not be more than the per diem cost of the contract. The cost of services for a resident receiving pre-admission care, after-care, day-care, or routine consultation and treatment services in a community service unit under the jurisdiction of the department shall be computed on the basis of the average cost of such services at the institution at which they are provided.
The department shall annually determine the ability to pay of a resident or the resident's liable relatives and the amount that such person shall pay in accordance with section 5121.04 of the Revised Code.
Collections of support payments shall be made by the department and, subject to meeting prior requirements for payment and crediting of such collections and other available receipts, in accordance with the bond proceedings applicable to obligations issued pursuant to section 154.20 of the Revised Code, such collections and other available receipts designated by the director of developmental disabilities for deposit in the special accounts, together with insurance contract payments provided for in division (B)(8) of section 5121.04 of the Revised Code, shall be remitted to the treasurer of state for deposit in the state treasury to the credit of the developmental disabilities operating fund, which is hereby created, to be used for the general purposes of the department. The department shall make refunds of overpayment of support charges from the developmental disabilities operating fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.02 | Traveling and Incidental Expenses.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
All individuals admitted to a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code shall be maintained at the expense of the state. Their traveling and incidental expenses in conveying them to the state institution shall be paid by the county of commitment. Upon admission, the individuals shall be neatly and comfortably clothed. Thereafter, the expense of necessary clothing shall be borne by the responsible relatives or guardian if they are financially able. If not furnished, the state shall bear the expense. Any required traveling expense after admission to the state institution shall be borne by the state if the responsible relatives or guardian are unable to do so.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.03 | Judicial Commitment.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
When any person is committed to an institution under the jurisdiction of the department of developmental disabilities pursuant to judicial proceedings, the judge ordering such commitment shall:
(A) Make a reliable report on the financial condition of such person and of each of the relatives of the person who are liable for the person's support, as provided in section 5121.06 of the Revised Code and rules and procedures adopted by the director of developmental disabilities;
(B) Certify to the managing officer of such institution, and the managing officer shall thereupon enter upon the managing officer's records the name and address of any guardian appointed and of any relative liable for such person's support under section 5121.06 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.05 | Investigation Powers.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The department of developmental disabilities may subpoena witnesses, take testimony under oath, and examine any public records relating to the income and other assets of a resident or liable relative. All information, conclusions, and recommendations shall be submitted to the department by the investigating agent of the department. The department shall determine the amount of support to be paid, by whom, and whether clothing shall be furnished by the relatives or guardian.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.051 | Cancelling Liability for Support.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
All outstanding liability of relatives for the support of any patient or resident in a benevolent institution under the control of the department of mental health and addiction services or the department of developmental disabilities accrued prior to January 1, 1956, including the liability of the patient personally, is hereby canceled, provided that this section does not abrogate any written agreements or security arrangement for the payment of support charges entered into between the state and any patient or liable relative prior to such date.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.06 | Persons Liable for Support.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
(A) The following persons other than the resident or the resident's estate are liable relatives and all the following persons are jointly and severally liable for the support of a resident in an institution under the control of the department of developmental disabilities:
(1) The resident or the resident's estate;
(2) The resident's spouse;
(3) The father or mother, or both, of a minor resident under the age of eighteen years.
(B) The department shall determine, pursuant to section 5121.04 of the Revised Code, the amount to be charged each resident and liable relative in the order named in this section, but shall not collect from any person more than one hundred per cent of the applicable cost.
(C) An action to collect delinquent payments or to enforce agreements in default may be brought against any or all persons named in this section. To the extent parents of adult residents, pursuant to the language of this section previously in force, incurred charges for the support of such residents between the eighteenth birthday of such resident and July 1, 1975, their liability for such period may be canceled, compromised, or settled as provided in section 5121.07 of the Revised Code.
(D) Irrespective of the number of residents whose care might be chargeable against a liable relative, no individual liable relative nor group of liable relatives who are members of the same family unit shall be charged with the support of more than one resident during the same period of time, and different periods of time for which such liable relative has paid the charges for such different residents' care and support shall be added together for the purpose of completing the maximum fifteen-year period of liability of such liable relative under division (B)(6) of section 5121.04 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.061 | Modifying Support Charges.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The authority of the department of developmental disabilities to modify support charges pursuant to section 5121.04 of the Revised Code shall not be exercised until the resident or liable relative has petitioned the department for modification as provided in section 5121.07 of the Revised Code and has offered to the department satisfactory proof of the resident's or liable relative's earnings and assets. The department may modify the charges if its investigation warrants such modification.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.07 | Petitioning for Release From Charges.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Any person who has been charged with the payment of the support of a resident or for pre-admission care, after-care, day-care, or routine consultation and treatment services in a community service unit under the control of the department of developmental disabilities may petition the department for a release from, or modification of, such charge, and the department, after an investigation, may cancel or modify such former charge, or may cancel, compromise, or settle any accrued liability in an amount not exceeding five thousand dollars. Amounts in excess thereof may be canceled, compromised, or settled as provided in section 131.02 of the Revised Code. The department may for due cause increase the amount previously ordered paid.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.08 | Submission of Financial Information to Department.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The managing officers of the institutions under the control of the department of developmental disabilities and the committing court, if requested, shall submit to the department such information as they may obtain concerning the financial condition of any resident or of relatives liable for the resident's support.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.09 | Appointment of Guardian.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
In case the estate of any resident in an institution under the jurisdiction of the department of developmental disabilities is sufficient for the resident's support, without hardship to any others who may be dependent thereon, and no guardian has been appointed for such estate, the agent of the department shall petition the probate court of the proper county to appoint a guardian.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.10 | Claims Against Estate.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
Upon the death of a resident or former resident of any institution under the jurisdiction of the department of developmental disabilities, or upon the death of a person responsible under section 5121.06 of the Revised Code for the support of a resident, the department may waive the presentation of any claim for support against the estate of such decedent, when in its judgment an otherwise dependent person will be directly benefited by the estate. Claims against an estate for support of a resident are subject to section 5815.28 and Chapter 2117. of the Revised Code, and shall be treated, and may be barred, the same as the claims of other creditors of the estate, pursuant to that section or chapter.
The department may accept from a guardian or trustee of a resident a contract agreeing to pay to the state from the property of the guardian's or trustee's ward before or at the death of the ward a fixed annual amount for the support of the ward while the ward is a resident, with interest at four per cent per annum. A copy of the contract shall be filed in the probate court of the proper county and duly entered as a part of the records concerning the ward.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.11 | Burial or Cremation of Indigent Patient or Resident.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The state shall bear the expense of the burial or cremation of an indigent resident who dies in a state institution operated by the department of developmental disabilities under section 5123.03 of the Revised Code or in a state correctional institution if the body is not claimed for interment or cremation at the expense of friends or relatives or is not delivered for anatomical purposes or for the study of embalming in accordance with section 1713.34 of the Revised Code. The managing officer of the institution shall provide at the grave of the person or, if the person's cremated remains are buried, at the grave of the person's cremated remains, a metal, stone, or concrete marker on which shall be inscribed the name and age of the person and the date of death.
Last updated April 22, 2023 at 7:13 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.12 | Collection and Payment for Support and Maintenance of Patients and Residents.

Effective:
October 6, 2009
Latest Legislation:
Senate Bill 79 - 128th General Assembly
The support and maintenance of residents confined in state institutions operated by the department of developmental disabilities under section 5123.03 of the Revised Code, including those transferred to them from state correctional institutions, and also including persons under indictment or conviction for crime, shall be collected and paid in accordance with sections 5121.01 to 5121.21 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.21 | Recovery of Payments by Relatives.

Effective:
January 1, 2006
Latest Legislation:
House Bill 66 - 126th General Assembly
If payment of any amount due the state under the provisions of Chapter 5121. of the Revised Code is made on account of a resident by any liable relative, as defined in division (A) of section 5121.06 of the Revised Code, such relative may recover the following amounts from the following persons; provided, that in no event may such relative recover in total more than such relative has paid the state, and provided, that in no event is the person from whom recovery is sought obliged to pay at a rate of support higher than such person would have paid had the state proceeded directly against such person:
(A) Any liable person may recover from the resident, the resident's guardian, or from the executor or administrator of the resident's estate the full amount of payment made by such liable relative.
(B) Any liable relative may recover from the resident's spouse the full amount of payment made by such liable relative.
(C) A minor resident's mother may recover from such minor resident's father one-half of the amount of payment made by such mother.
(D) Any liable relative, other than the resident's spouse and other than a minor resident's parent, may recover from such resident's adult sons and daughters as are liable under division (A)(4) of section 5121.06 of the Revised Code, the full amount of payment made by such liable relative; provided, that there may be recovered from each such son or daughter only such proportion of the total payment as the figure one bears to the total number of such adult sons and daughters.
(E) An adult resident's mother may recover from an adult resident's father one-half of the amount of payment made by such mother.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.30 | Community Mental Health Services Definitions.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
As used in sections 5121.30 to 5121.56 of the Revised Code:
(A) "Countable assets" means all of the following:
(1) Cash;
(2) Bank deposits;
(3) Securities;
(4) Individual retirement accounts;
(5) Qualified employer plans, including 401(k) and Keogh plans;
(6) Annuities;
(7) Funds in a trust created under section 5815.28 of the Revised Code;
(8) Investment property and income;
(9) The cash surrender values of life insurance policies;
(10) Assets acquired by gift, bequest, devise, or inheritance;
(11) Any other asset determined by the department of mental health and addiction services to be equivalent to the assets enumerated in this division.
(B) "Federal poverty level" or "FPL" means the income level represented by the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(C) "Federal poverty guidelines" means the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(D) "Hospital" means an institution, hospital, or other place established, controlled, or supervised by the department of mental health and addiction services under Chapter 5119. of the Revised Code.
(E) "Liable relative" means all of the following:
(1) A patient's spouse;
(2) A patient's mother or father, or both, if the patient is under eighteen years of age;
(3) A patient's guardian.
(F) "Patient" means a person admitted to a hospital for inpatient care or treatment, including a person transferred to a hospital from a state correctional institution or a person under indictment or conviction who has been transferred to a hospital.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.31 | Community Mental Health Services Patients Maintained at State Expense.

Effective:
January 1, 2006
Latest Legislation:
House Bill 66 - 126th General Assembly
All patients shall be maintained at the expense of the state. The traveling and incidental expenses in conveying them to a hospital shall be paid by the county of commitment. On admission, patients shall be neatly and comfortably clothed. Thereafter, the expense of necessary clothing shall be borne by the responsible relatives or guardian if they are financially able. If not furnished, the state shall bear the expense. Any required traveling expense after admission to the hospital shall be borne by the state if the responsible relatives or guardian is unable to do so.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.32 | Annual Determination of per Diem Charge and Rate per Hospital.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
On an annual basis, the department of mental health and addiction services shall determine both of the following using generally accepted governmental accounting principles:
(A) The applicable per diem charge for each hospital operated by the department;
(B) The ancillary per diem rate for each hospital operated by the department.
In determining a hospital's applicable per diem charge and ancillary per diem rate, the department shall consider the average actual per diem cost of maintaining and treating a patient at the hospital or, at the department's discretion, the average actual per diem cost of maintaining and treating a patient in a unit of the hospital.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.33 | Billing Cycle Charges to Patient or Relative.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Except as provided in sections 5121.35, 5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised Code, the department of mental health and addiction services shall, for each billing cycle, charge a patient, patient's estate, or liable relative an amount equal to the sum of the following:
(A) The applicable per diem charge multiplied by the number of days the patient was admitted to the hospital;
(B) An amount that was previously billed but not paid.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.34 | Joint and Several Liability of Patient, Estate, and Liable Relatives.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A patient, patient's estate, and patient's liable relatives shall be jointly and severally liable for amounts charged by the department of mental health and addiction services in accordance with section 5121.33 or 5121.35 of the Revised Code. In no case shall any of the foregoing persons be liable for more than one hundred per cent of the full sum charged under section 5121.33 of the Revised Code.
(B) Collections of support payments shall be made by the department and, subject to meeting prior requirements for payment and crediting of such collections and other available receipts, in accordance with the bond proceedings applicable to obligations issued pursuant to section 154.20 of the Revised Code. The collections and other available receipts designated by the director of mental health and addiction services for deposit in the special accounts, together with insurance contract payments provided for in section 5121.43 of the Revised Code, shall be remitted to the treasurer of state for deposit in the state treasury to the credit of the mental health operating fund, which is hereby created, to be used for the general purposes of the department. The department shall make refunds of overpayment of support charges from the mental health operating fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5121 | Welfare Institutions - Generally › Section 5121.35 | Discounted Charges Applied to Eligible Parties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The department of mental health and addiction services shall charge a patient, patient's estate, or liable relative an amount discounted from the amount the department charges under section 5121.33 of the Revised Code if the department determines through the application process described in section 5121.36 of the Revised Code or through the financial assessment process described in section 5121.37 of the Revised Code that the patient, estate, or relative is eligible for a discount.