reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.95 | Seventy-Two-Hour Emergency Involuntary Treatment.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in section 5119.92 of the Revised Code, a probate court may order the person hospitalized for a period not to exceed seventy-two hours if the court finds by clear and convincing evidence that the person presents an imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse. However, if the hearing to be held under section 5119.94 of the Revised Code will not be held within seventy-two hours, the court may order the person hospitalized until the hearing. In making its order, the court shall inform the person that the person may immediately make a reasonable number of telephone calls or use other reasonable means to contact an attorney, a licensed physician, or a qualified health professional, to contact any other person or persons to secure representation by counsel, or to obtain medical or psychological assistance and that the person will be provided assistance in making calls if the assistance is needed and requested.
(B) Any person who has been admitted to a hospital under division (A) of this section shall be released from the hospital immediately upon the expiration of the time period established by the court for the hospitalization.
(C) No person ordered hospitalized under this section shall be held in jail pending transportation to the hospital or evaluation unless the probate court previously has found the person to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to section 5119.94 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.96 | Issuance of Summons; Failure to Attend Examination; Transportation to Hospital.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
When a probate court is authorized to issue an order that the respondent be transported to a hospital, the court may issue a summons. If the respondent fails to attend an examination scheduled before the hearing under section 5119.94 of the Revised Code, the court shall issue a summons. A summons so issued shall be directed to the respondent and shall command the respondent to appear at a time and place specified in the summons. If a respondent who has been summoned fails to appear at the hospital or the examination, the probate court may order the sheriff or any other peace officer to transport the respondent to a hospital on the list provided under section 5119.97 of the Revised Code for treatment. The sheriff or any other peace officer, upon agreement of a person authorized by the peace officer, may authorize a board of alcohol, drug addiction, and mental health services, a private services provider under contract with a board of alcohol, drug addiction, and mental health services, or an ambulance service designated by a board of alcohol, drug addiction, and mental health services to transport the respondent to the hospital. The transportation costs of the sheriff, other peace officer, ambulance service, or other private services provider under contract with the board of alcohol, drug addiction, and mental health services shall be included in the costs of treatment for alcohol and other drug abuse to be paid by the petitioner.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.97 | Lists of Qualified Hospitals and Treatment Providers.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Each board of alcohol, drug addiction, and mental health services on at least an annual basis shall submit each of the following lists to the clerk of the probate court in each county served by the board:
(A) A list of all hospitals in the counties served by the board that are able and willing to take respondents ordered to undergo seventy-two hours of treatment and observation pursuant to section 5119.95 of the Revised Code;
(B) A list of hospitals and treatment providers in the counties served by the board that are able and willing to provide treatment for alcohol and other drug abuse ordered pursuant to section 5119.94 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.98 | Applicability of Orc Sections 3793.12, 3793.13, and 3793.14.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Sections 5119.26, 5119.27, and 5119.61 of the Revised Code apply to a person who is ordered to undergo treatment under sections 5119.90 to 5119.98 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5119 | Department of Mental Health and Addiction Services › Section 5119.99 | Penalties.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Whoever violates section 5119.333 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 5119.27 or 5119.28, division (P) of section 5119.36, or division (A)(1) or (2) of section 5119.37 of the Revised Code is guilty of a felony of the fifth degree.
Last updated October 4, 2023 at 12:47 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.01 | Director of Rehabilitation and Correction - Powers and Duties.

Effective:
March 31, 2003
Latest Legislation:
House Bill 510 - 124th General Assembly
The director of rehabilitation and correction is the executive head of the department of rehabilitation and correction. All duties conferred on the various divisions and institutions of the department by law or by order of the director shall be performed under the rules and regulations that the director prescribes and shall be under the director's control. Inmates committed to the department of rehabilitation and correction shall be under the legal custody of the director or the director's designee, and the director or the director's designee shall have power to control transfers of inmates between the several state institutions included under section 5120.05 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.011 | Sanctions Imposed for Frivolous Actions.

Effective:
October 17, 1996
Latest Legislation:
House Bill 455 - 121st General Assembly
(A) As used in this section, "civil action or appeal against a government entity or employee," "inmate," "political subdivision," and "employee" have the same meanings as in section 2969.21 of the Revised Code.
(B) The director of rehabilitation and correction may adopt rules under section 5120.01 of the Revised Code to implement the procedures described in sections 2323.51, 2969.22, and 2969.23 of the Revised Code.
(C) The director of rehabilitation and correction shall adopt rules that provide that, if an inmate files a civil action or appeal against a government entity or employee or files a civil action against the state, a political subdivision, or an employee in a federal court and if the court in which the action or appeal is filed dismisses the action or appeal pursuant to section 2969.24 of the Revised Code or the federal court finds the action to be frivolous under 28 U.S.C. 1915(d), the inmate shall be subject to one or more of the following sanctions:
(1) Extra work duty, without compensation, for not more than sixty days;
(2) The loss of commissary privileges for not more than sixty days;
(3) The loss of sundry-package privileges for one time in any calendar year;
(4) The loss of television privileges for not more than sixty days;
(5) The loss of radio privileges for not more than sixty days;
(6) The loss of recreational activity privileges for not more than sixty days.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.02 | Assistant Director - Powers and Duties.

Effective:
July 1, 1972
Latest Legislation:
House Bill 494 - 109th General Assembly
The assistant director of the department of rehabilitation and correction is hereby excepted from section 121.05 of the Revised Code. The assistant director shall exercise the powers and perform the duties which the director of correction may order and shall act as director in the absence or disability of the director, or in case of a vacancy in the position of director.
Last updated April 19, 2022 at 4:48 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.021 | Application of Chapter.

Effective:
March 22, 2019
Latest Legislation:
Senate Bill 201 - 132nd General Assembly
(A) The provisions of Chapter 5120. of the Revised Code, as they existed prior to July 1, 1996, and that address the duration or potential duration of incarceration or parole or other forms of supervised release, apply to all persons upon whom a court imposed a term of imprisonment prior to July 1, 1996, and all persons upon whom a court, on or after July 1, 1996, and in accordance with law existing prior to July 1, 1996, imposed a term of imprisonment for an offense that was committed prior to July 1, 1996.
(B)(1) The provisions of Chapter 5120. of the Revised Code, as they exist on or after July 1, 1996, and that address the duration or potential duration of incarceration or supervised release, apply to all persons upon whom a court imposed a stated prison term for an offense committed on or after July 1, 1996.
(2) The provisions of Chapter 5120. of the Revised Code, as they exist on or after the effective date of this amendment, apply to an offender who is released from confinement in a state correctional institution on or after that date.
(C) Nothing in this section limits or affects the applicability of any provision in Chapter 5120. of the Revised Code, as amended or enacted on or after July 1, 1996, that pertains to an issue other than the duration or potential duration of incarceration or supervised release, to persons in custody or under the supervision of the department of rehabilitation and correction.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.03 | Designation of Use of Institutions.

Effective:
March 29, 2007
Latest Legislation:
House Bill 699 - 126th General Assembly
(A) Subject to division (C) of this section, the director of rehabilitation and correction may change the purpose for which any institution or place under the control of the department of rehabilitation and correction is being used. The director may designate a new or another use for such institution, if the change of use and new designation has for its objective, improvement in the classification, segregation, care, education, cure, or rehabilitation of persons subject to the control of the department.
(B) The director of rehabilitation and correction, by executive order, issued on or before December 31, 1988, shall eliminate the distinction between penal institutions and reformatory institutions. Notwithstanding any provision of the Revised Code or the Administrative Code to the contrary, upon the issuance of the executive order, any distinction made between the types of prisoners sentenced to or otherwise assigned to the institutions under the control of the department shall be discontinued.
(C) The director shall contract under section 9.06 of the Revised Code for the private operation and management of not less than two facilities under the control of the department, unless the contractor managing and operating a facility is not in substantial compliance with the material terms and conditions of its contract and no other person or entity is willing and able to satisfy the obligations of the contract. All inmates assigned to a facility operated and managed by a private contractor remain inmates in the care and custody of the department. The statutes, rules, and policies of the department may apply to the private contractor and any inmate assigned to a facility operated and managed by a private contractor as agreed to in the contract entered into under section 9.06 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.034 | Reentry Services by Nonprofit Faith-Based Organizations.

Effective:
June 25, 2008
Latest Legislation:
House Bill 113 - 127th General Assembly
(A)(1) The department of rehabilitation and correction shall permit representatives of all nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department to enter institutions under the control of the department for the purpose of providing reentry services to inmates. Reentry services may include, but are not limited to, counseling, housing, job-placement, and money-management assistance.
(2) The department shall adopt rules pursuant to Chapter 119. of the Revised Code for the screening and registration of nonprofit faith-based, business, professional, civic, educational, and community organizations that apply to provide reentry services in institutions under the department's control.
(B)(1) The department shall post a department telephone number on the department's official internet web site that nonprofit faith-based, business, professional, civic, educational, and community organizations that wish to provide reentry services to inmates may call to obtain information. The internet web site also shall list all of the nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department under this section.
(2) The department shall actively recruit nonprofit faith-based, business, professional, civic, educational, and community organizations to provide reentry services in institutions under the department's control. The department shall recruit nonprofit organizations from all faiths and beliefs.
(C) Annually, the department shall issue a written report on the department's progress in implementing the recommendations of the correctional faith-based initiatives task force. The department shall provide a copy of the written report to each member of the correctional institution inspection committee created under section 103.71 of the Revised Code.
(D) The department shall not endorse or sponsor any faith-based reentry program or endorse any specific religious message. The department may not require an inmate to participate in a faith-based program.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.036 | Risk Reduction Programming and Treatment.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The department of rehabilitation and correction shall provide risk reduction programming and treatment for inmates whom a court under section 2929.143 of the Revised Code recommends serve a risk reduction sentence and who meet the eligibility criteria described in division (B) of this section.
(B) If an offender is sentenced to a term of imprisonment in a state correctional institution and the sentencing court recommended that the offender serve a risk reduction sentence, the department of rehabilitation and correction shall conduct a validated and objective assessment of the person's needs and risk of reoffending. If the offender cooperates with the risk assessment and agrees to participate in any programming or treatment ordered by the department, the department shall provide programming and treatment to the offender to address the risks and needs identified in the assessment.
(C) If the department determines that an offender serving a term of incarceration for whom the sentencing court recommended a risk reduction sentence under section 2929.143 of the Revised Code has successfully completed the assessment and treatment or programming required by the department under division (B) of this section, the department shall release the offender to post-release control under one or more post-release control sanctions after the offender has served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the aggregated nonmandatory prison terms to which the offender was sentenced. The placement under post-release control sanctions shall be under terms set by the parole board in accordance with section 2967.28 of the Revised Code and shall be subject to the provisions of that section and sections 2929.141 and 2967.15 of the Revised Code regarding violation of post-release control sanctions. No mandatory prison term shall be reduced by, or as a result of, an offender's service of a risk reduction sentence. The department shall notify the sentencing court that the offender has successfully completed the terms of the risk reduction sentence at least thirty days prior to the date upon which the offender is to be released.
(D) As used in this section:
(1) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.
(3) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.037 | Substance Abuse Recovery Prison; Feasibility Study.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Not later than June 30, 2016, the department of rehabilitation and correction shall study the feasibility of converting an existing state correctional facility, another existing facility controlled by the department, an existing facility owned by the state or a political subdivision of the state, or an existing facility owned by a private entity into a substance abuse recovery prison. The purpose of the prison would be to help reduce relapses and recidivism while preparing offenders confined in the prison for reentry into the community. In conducting the study, the department shall do all of the following:
(1) Explore all alternatives for providing substance abuse recovery for offenders confined in the prison;
(2) Consider drug treatment and rehabilitation services to be provided in the prison to help to prepare offenders confined in the prison for reentry into the community;
(3) Consider the categories of offenders that should be confined in the prison, including whether the department should be limited to placing an offender sentenced to or serving a prison term in the prison only if the department knows or has reason to believe that drug usage by the offender was a factor leading to the offense for which the offender was sentenced to the prison term.
(B) Upon completion of the study specified in division (A) of this section, the department shall submit copies of the study to the president and minority leader of the senate, the speaker and minority leader of the house of representatives, and the governor.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.04 | Assigning Prisoner Labor on Public Works.

Effective:
April 9, 1982
Latest Legislation:
House Bill 654 - 113th General Assembly
The department of rehabilitation and correction, with the approval of the governor and in accordance with rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, may assign prisoners who are committed or transferred to institutions under the administration of the department to perform labor on any public work of the state.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.05 | Maintenance and Management of Institutions.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
The department of rehabilitation and correction may maintain, operate, manage, and govern all state institutions for the custody, control, training, and rehabilitation of persons convicted of crime and sentenced to correctional institutions.
The department may designate correctional institutions by appropriate respective names.
The department may receive from the department of youth services any children in the custody of the department of youth services, committed to the department of rehabilitation and correction by the department of youth services, upon the terms and conditions that are agreed upon by the departments.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.051 | Mentally Ill and Persons With Intellectual Disabilities Who Are Incarcerated.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
The department of rehabilitation and correction shall provide for the needs of persons with mental illnesses and persons with intellectual disabilities who are incarcerated in state correctional institutions. The department may designate an institution or a unit within an institution for the custody, care, special training, treatment, and rehabilitation of persons with mental illnesses or persons with intellectual disabilities.
Last updated March 10, 2023 at 12:52 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.06 | Divisions of Department.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
(A) The following divisions are hereby established in the department of rehabilitation and correction:
(1) The division of business administration;
(2) The division of parole and community services.
(B) The director of rehabilitation and correction may establish offices, divisions in addition to those specified in division (A) of this section, bureaus, and other administrative units within the department of rehabilitation and correction and prescribe their powers and duties.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.08 | Bonds for Employees.

Effective:
July 12, 1972
Latest Legislation:
House Bill 494 - 109th General Assembly
The department of rehabilitation and correction shall require any of its employees and each officer and employee of every institution under its control who may be charged with custody or control of any money or property belonging to the state or who is required to give bond, to give a surety company bond, properly conditioned, in a sum to be fixed by the department which when approved by the department, shall be filed in the office of the secretary of state. The cost of such bonds, when approved by the department, shall be paid from funds available for the department. The bonds required or authorized by this section may, in the discretion of the director of rehabilitation and correction, be individual, schedule, or blanket bonds.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.09 | Division of Business Administration - Powers and Duties.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
Under the supervision and control of the director of rehabilitation and correction, the division of business administration shall do all of the following:
(A) Submit the budgets for the several divisions of the department of rehabilitation and correction, as prepared by the respective chiefs of those divisions, to the director. The director, with the assistance of the chief of the division of business administration, shall compile a departmental budget that contains all proposals submitted by the chiefs of the divisions and shall forward the departmental budget to the governor with comments and recommendations that the director considers necessary.
(B) Maintain accounts and records and compile statistics that the director prescribes;
(C) Under the control of the director, coordinate and make the necessary purchases and requisitions for the department and its divisions, except when goods and services are provided to the department as described in section 5119.44 of the Revised Code;
(D) Administer within this state federal criminal justice acts that the governor requires the department to administer. In order to improve the criminal justice system of this state, the division of business administration shall apply for, allocate, disburse, and account for grants that are made available pursuant to those federal criminal justice acts and grants that are made available from other federal government sources, state government sources, or private sources. As used in this division, "criminal justice system" and "federal criminal justice acts" have the same meanings as in section 5502.61 of the Revised Code.
(E) Audit the activities of governmental entities, persons as defined in section 1.59 of the Revised Code, and other types of nongovernmental entities that are financed in whole or in part by funds that the department allocates or disburses and that are derived from grants described in division (D) of this section;
(F) Enter into contracts, including contracts with federal, state, or local governmental entities, persons as defined in section 1.59 of the Revised Code, foundations, and other types of nongovernmental entities, that are necessary for the department to carry out its duties and that neither the director nor another section of the Revised Code authorizes another division of the department to enter;
(G) Exercise other powers and perform other duties that the director may assign to the division of business administration.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.091 | Education Services Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
There is hereby created in the state treasury the education services fund. The department of rehabilitation and correction shall deposit into the fund all state revenues it receives from the Ohio department of education and workforce. Any money in the fund shall solely be used to pay educational expenses incurred by the department.
Last updated September 19, 2023 at 11:34 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.092 | Adult and Juvenile Correctional Facilities Bond Retirement Fund.

Effective:
October 15, 2015
Latest Legislation:
House Bill 238 - 131st General Assembly
There is hereby created in the state treasury the adult and juvenile correctional facilities bond retirement fund. The fund shall receive proceeds derived from the sale of state adult or juvenile correctional facilities. Investment income with respect to moneys on deposit in the fund shall be retained by the fund. No investment of moneys in, or transfer of moneys from, the fund shall be made if the effect of the investment or transfer would be to adversely affect the exclusion from gross income of the interest payable on obligations previously issued for state adult or juvenile correctional facilities. Upon receipt of one or more opinions of nationally recognized bond counsel that the transfer of such moneys will not adversely affect the exclusion from gross income of the interest payable on such obligations, the director of budget and management may direct that moneys in the fund be transferred to one or more of the general revenue fund, any fund created in the state treasury administered by the department of rehabilitation and correction or the department of youth services, the adult correctional building fund, or the juvenile correctional building fund.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.103 | Construction of Halfway Houses.

Effective:
January 1, 2004
Latest Legislation:
House Bill 490 - 124th General Assembly
(A) To the extent that funds are available, the department of rehabilitation and correction, in accordance with this section and sections 5120.104 and 5120.105 of the Revised Code, may construct or provide for the construction of halfway house facilities for offenders whom a court places in a halfway house pursuant to section 2929.16 or 2929.26 of the Revised Code or who are eligible for community supervision by the department of rehabilitation and correction.
(B) A halfway house organization that seeks to assist in the program planning of a halfway house facility described in division (A) of this section shall file an application with the director of rehabilitation and correction as set forth in a request for proposal. Upon the submission of an application, the division of parole and community services shall review it and, if the division believes it is appropriate, shall submit a recommendation for its approval to the director. When the division submits a recommendation for approval of an application, the director may approve the application. The director shall not take action or fail to take action, or permit the taking of action or the failure to take action, with respect to halfway house facilities that would adversely affect the exclusion of interest on public obligations or on fractionalized interests in public obligations from gross income for federal income tax purposes, or the classification or qualification of the public obligations or the interest on or fractionalized interests in public obligations for, or their exemption from, other treatment under the Internal Revenue Code.
(C) The director of rehabilitation and correction and the halfway house organization may enter into an agreement establishing terms for the program planning of the halfway house facility. Any terms so established shall conform to the terms of any covenant or agreement pertaining to an obligation from which the funds used for the construction of the halfway house facility are derived.
(D) The director of rehabilitation and correction, in accordance with Chapter 119. of the Revised Code, shall adopt rules that specify procedures by which a halfway house organization may apply for a contract for program planning of a halfway house facility constructed under this section, procedures for the department to follow in considering an application, criteria for granting approval of an application, and any other rules that are necessary for the selection of program planners of a halfway house facility.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.104 | Acquiring and Leasing of Capital Facilities or Sites for Use as Halfway House.

Effective:
July 1, 2014
Latest Legislation:
House Bill 497 - 130th General Assembly
(A) It is hereby declared to be a public purpose and an essential governmental function of the state that the department of rehabilitation and correction, in the name of the state and for the use and benefit of the department, purchase, acquire, construct, own, lease, or sublease capital facilities or sites for capital facilities for use as halfway house facilities.
(B) The director of rehabilitation and correction may lease or sublease capital facilities or sites for capital facilities under division (A) of this section to or from, and may make any other agreement with respect to the purchase, construction, management, or operation of those capital facilities with, a halfway house organization or the Ohio public facilities commission, the department of administrative services, or any other state agency having authority over that function. The director may make any lease, sublease, or other agreement under this division without the necessity for advertisement, auction, competitive bidding, court order, or other action or formality otherwise required by law. Notwithstanding any other provision of the Revised Code, the director shall make each lease or sublease to or from the Ohio public facilities commission or halfway house organization in accordance with Chapter 154. of the Revised Code.
(C) The director, by a sale, lease, sublease, release, or other agreement, may dispose of real or personal property or a lesser interest in real or personal property that is held or owned by the state for the use and benefit of the department, if the department does not need the property or interest for its purposes. The department shall make a sale, lease, sublease, release, or other agreement under this division upon the terms that it determines, subject to the approval by the governor in the case of a sale, lease, sublease, release, or other agreement regarding real property or an interest in real property. The director may make a lease, sublease, or other grant of use of property or an interest in property under this division without the necessity for advertisement, auction, competitive bidding, court order, or other action or formality otherwise required by law.
(D) The director may grant an easement or other interest in real property held by the state for the use and benefit of the department if that easement or interest will not interfere with the use of the property as a halfway house facility.
(E) All property purchased, acquired, constructed, owned, leased, or subleased by the department in the exercise of its powers and duties are public property used exclusively for a public purpose, and that property and the income derived by the department from the property are exempt from all taxation within this state, including without limitation, ad valorem and excise taxes.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.105 | Providing Construction Services for Halfway Houses.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) The Ohio facilities construction commission shall provide for the construction of a halfway house facility in conformity with Chapter 153. of the Revised Code, except that construction services may be provided by the department of rehabilitation and correction.
(B) The director of rehabilitation and correction may enter into an agreement with a halfway house organization for the management of a halfway house facility. The halfway house organization that occupies, will occupy, or is responsible for the management of a halfway house facility shall pay the costs of management of and general building services for the halfway house facility as provided in an agreement between the department of rehabilitation and correction and the halfway house organization.
(C) No state funds, including state bond proceeds, shall be spent on the construction of a halfway house facility under sections 5120.102 to 5120.105 of the Revised Code, unless the general assembly has specifically authorized the spending of money on, or has made an appropriation to the department of rehabilitation and correction for, the construction of the halfway house facility or rental payments relating to the financing of the construction of that facility. An authorization to spend money or an appropriation for planning a halfway house facility does not constitute an authorization to spend money on, or an appropriation for, the construction of that facility. Capital funds for the construction of halfway house facilities under sections 5120.102 to 5120.105 of the Revised Code shall be paid from the adult correctional building fund created in division (F) of section 154.24 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.11 | Bureau of Examination and Classification.

Effective:
October 12, 2016
Latest Legislation:
House Bill 158 - 131st General Assembly
Within the department of rehabilitation and correction, there shall be established and maintained a bureau of examination and classification. The bureau shall conduct or provide for sociological, psychological, and psychiatric examination of each inmate of the correctional institutions. The examination shall be made as soon as possible after each inmate is admitted to any of the institutions, and further examinations may be made, if it is advisable. If the inmate is determined to be a person with a developmental disability, as defined in section 5123.01 of the Revised Code, the bureau shall notify the sentencing court in writing of its determination within forty-five days after sentencing.
The bureau shall collect such social and other information as will aid in the interpretation of its examinations.
Subject to division (C) of section 5120.21 of the Revised Code, the bureau shall keep a record of the health, activities, and behavior of each inmate while the inmate is in the custody of the state. The records, including the findings and recommendations of the bureau, shall be made available to the adult parole authority for use in imposing post-release control sanctions under section 2967.28 of the Revised Code or any other section of the Revised Code, in granting parole, and in making parole, post-release, and rehabilitation plans for the inmate when the inmate leaves the institution, and to the department for its use in approving transfers of inmates from one institution to another.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.111 | Rules and Forms for Community-Based Correctional Facilities and Programs.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
With respect to community-based correctional facilities and programs and district community-based correctional facilities and programs authorized under section 2301.51 of the Revised Code, the department of rehabilitation and correction shall do all of the following:
(A) Adopt rules, under Chapter 119. of the Revised Code, that serve as criteria for the operation of community-based correctional facilities and programs and district community-based correctional facilities and programs approved in accordance with sections 2301.51 and 5120.10 of the Revised Code;
(B) Adopt rules, under Chapter 119. of the Revised Code, governing the procedures for the submission of proposals for the establishment of community-based correctional facilities and programs and district community-based correctional facilities and programs to the division of parole and community services under division (B) of section 2301.51 of the Revised Code;
(C) Prescribe forms that are to be used by facility governing boards of community-based correctional facilities and programs and district community-based correctional facilities and programs in making application for state financial assistance under section 2301.56 of the Revised Code;
(D) Adopt rules, under Chapter 119. of the Revised Code, that prescribe the standards of operation for the facilities and programs that must be satisfied for community-based correctional facilities and programs and district community-based correctional facilities and programs to be eligible for state financial assistance. The standards adopted by the department shall specify the class of offender whose degree of felony, whose community control sanction revocation history, or whose risk level as assessed by the single validated risk assessment tool described in section 5120.114 of the Revised Code, make the offender suitable for admission to the facility. The rules shall make the level of state financial assistance provided to every facility contingent upon the number of offenders admitted to the facility each fiscal year who satisfy the admission suitability standards established by the department.
(E) Through the division of parole and community services, accept and review proposals for the establishment of community-based correctional facilities and programs and district community-based correctional facilities and programs and approve those proposals that satisfy the minimum requirements contained in section 2301.52 of the Revised Code; and administer the program for state financial assistance to the facilities and programs in accordance with section 5120.112 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.113 | Written Reentry Plans.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) For each inmate committed to the department of rehabilitation and correction, except as provided in division (B) of this section, the department shall prepare a written reentry plan for the inmate to help guide the inmate's rehabilitation program during imprisonment, to assist in the inmate's reentry into the community, and to assess the inmate's needs upon release.
(B) Division (A) of this section does not apply to an inmate who has been sentenced to life imprisonment without parole or who has been sentenced to death. Division (A) of this section does not apply to any inmate who is expected to be imprisoned for thirty days or less, but the department may prepare a written reentry plan of the type described in that division if the department determines that the plan is needed.
(C) The department may collect, if available, any social and other information that will aid in the preparation of reentry plans under this section.
(D) In the event the department does not prepare a written reentry plan as specified in division (A) of this section, or makes a decision to not prepare a written reentry plan under division (B) of this section or to not collect information under division (C) of this section, that fact does not give rise to a claim for damages against the state, the department, the director of the department, or any employee of the department.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.114 | Single Validated Risk Assessment Tool.

Effective:
March 20, 2019
Latest Legislation:
Senate Bill 231, Senate Bill 66 - 132nd General Assembly
(A) The department of rehabilitation and correction shall select a single validated risk assessment tool for adult offenders. This assessment tool shall be used by the following entities:
(1) Municipal courts, when the particular court orders an assessment of an offender for sentencing or another purpose;
(2) Common pleas courts, when the particular court orders an assessment of an offender for sentencing or another purpose;
(3) County courts, when the particular court orders an assessment of an offender for sentencing or another purpose;
(4) Municipal court departments of probation;
(5) County departments of probation;
(6) Probation departments established by two or more counties;
(7) State and local correctional institutions;
(8) Private correctional facilities;
(9) Community-based correctional facilities;
(10) The adult parole authority;
(11) The parole board ;
(12) The department of mental health and addiction services;
(13) Halfway houses.
(B) For each entity required to use the assessment tool, every employee of the entity who actually uses the tool shall be trained and certified by a trainer who is certified by the department. Each entity utilizing the assessment tool shall develop policies and protocols regarding all of the following activities:
(1) Application and integration of the assessment tool into operations, supervision, and case planning;
(2) Administrative oversight of the use of the assessment tool;
(3) Staff training;
(4) Quality assurance;
(5) Data collection and sharing as described under section 5120.115 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.115 | Authorized Users; Confidentiality of Reports.

Effective:
October 29, 2018
Latest Legislation:
Senate Bill 66 - 132nd General Assembly
(A) Each authorized user of the single validated risk assessment tool described in section 5120.114 of the Revised Code shall have access to all reports generated by the risk assessment tool and all data stored in the risk assessment tool. An authorized user may disclose any report generated by the risk assessment tool to law enforcement agencies, halfway houses, and medical, mental health, and substance abuse treatment providers for penological and rehabilitative purposes. An authorized user may also disclose any report generated by the risk assessment tool to qualified persons and research organizations for research, evaluative, and statistical purposes under the terms of written agreements between the authorized user and the recipients of the report. Reports generated by the risk assessment tool shall be disclosed in a manner that ensures the security and confidentiality of information in the reports.
(B) All reports generated by or data collected in the risk assessment tool are confidential information and are not a public record. No person shall disclose any report generated by or data collected in the risk assessment tool except as provided in division (A) of this section.
(C) As used in this section, "public record" has the same meaning as in section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5120 | Department of Rehabilitation and Correction › Section 5120.131 | Industrial and Entertainment Fund - Commissary Fund.

Effective:
July 12, 1972
Latest Legislation:
House Bill 494 - 109th General Assembly
Each managing officer of an institution under the jurisdiction of the department of rehabilitation and correction as described in section 5120.05 of the Revised Code, with the approval of the director of the department of rehabilitation and correction, may establish local institution funds designated as follows:
(A) Industrial and entertainment fund created and maintained for the entertainment and welfare of the inmates of the institutions under the jurisdiction of the department. The director shall establish rules and regulations for the operation of the industrial and entertainment fund.
(B) Commissary fund created and maintained for the benefit of inmates in the institutions under the jurisdiction of the department.
Commissary revenue over and above operating costs and reserve shall be considered profits. All profits from the commissary fund operations shall be paid into the industrial and entertainment fund and used only for the entertainment and welfare of inmates. The director shall establish rules and regulations for the operation of the commissary fund.