As Introduced
135th General Assembly
Regular Session H. B. No. 513
2023-2024
Representative Carruthers
A BILL
To amend sections 307.93, 341.14, 341.19, 341.21, 1
341.23, 341.34, 753.02, 753.04, 753.16, 753.21, 2
2151.358, 2152.82, 2152.83, 2152.84, 2152.851, 3
2301.57, 2903.11, 2907.24, 2907.241, 2907.25, 4
2907.27, 2907.28, 2921.38, 2923.125, 2923.128, 5
2923.1213, 2929.13, 2929.14, 2941.1425, 2950.04, 6
2950.041, 2950.07, 2950.10, 2950.11, 2950.13, , 7
2953.31, 2953.34, 3701.24, 3701.241, 3701.242, 8
3701.243, 3701.244, 3701.245, 3701.246, 9
3701.247, 3701.249, 3901.45, 3901.46, 4730.25, 10
4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 11
4774.13, 4778.14, 5120.16, and 5120.163; to 12
enact sections 2927.31, 2927.32, 2927.33, 13
2950.152, and 2953.41; and to repeal section 14
2927.13 of the Revised Code to modify 15
definitions and criminal and professional 16
disciplinary provisions relating to HIV or AIDS 17
and to amend the versions of sections 2950.11 18
and 2950.13 of the Revised Code that are 19
scheduled to take effect on January 1, 2025, to 20
continue the change on and after that date. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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As Introduced
Section 1. That sections 307.93, 341.14, 341.19, 341.21, 22
341.23, 341.34, 753.02, 753.04, 753.16, 753.21, 2151.358, 23
2152.82, 2152.83, 2152.84, 2152.851, 2301.57, 2903.11, 2907.24, 24
2907.241, 2907.25, 2907.27, 2907.28, 2921.38, 2923.125, 25
2923.128, 2923.1213, 2929.13, 2929.14, 2941.1425, 2950.04, 26
2950.041, 2950.07, 2950.10, 2950.11, 2950.13, 2953.31, 2953.34, 27
3701.24, 3701.241, 3701.242, 3701.243, 3701.244, 3701.245, 28
3701.246, 3701.247, 3701.249, 3901.45, 3901.46, 4730.25, 29
4731.22, 4759.07, 4760.13, 4761.09, 4762.13, 4774.13, 4778.14, 30
5120.16, and 5120.163 be amended and sections 2927.31, 2927.32, 31
2927.33, 2950.152, and 2953.41 of the Revised Code be enacted to 32
read as follows: 33
Sec. 307.93. (A) The boards of county commissioners of two 34
or more adjacent counties may contract for the joint 35
establishment of a multicounty correctional center, and the 36
board of county commissioners of a county or the boards of two 37
or more counties may contract with any municipal corporation or 38
municipal corporations located in that county or those counties 39
for the joint establishment of a municipal-county or 40
multicounty-municipal correctional center. The center shall 41
augment county and, where applicable, municipal jail programs 42
and facilities by providing custody and rehabilitative programs 43
for those persons under the charge of the sheriff of any of the 44
contracting counties or of the officer or officers of the 45
contracting municipal corporation or municipal corporations 46
having charge of persons incarcerated in the municipal jail, 47
workhouse, or other correctional facility who, in the opinion of 48
the sentencing court, need programs of custody and 49
rehabilitation not available at the county or municipal jail and 50
by providing custody and rehabilitative programs in accordance 51
with division (C) of this section, if applicable. The contract 52
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As Introduced
may include, but need not be limited to, provisions regarding 53
the acquisition, construction, maintenance, repair, termination 54
of operations, and administration of the center. The contract 55
shall prescribe the manner of funding of, and debt assumption 56
for, the center and the standards and procedures to be followed 57
in the operation of the center. Except as provided in division 58
(G) of this section, the contracting counties and municipal 59
corporations shall form a corrections commission to oversee the 60
administration of the center. Members of the commission shall 61
consist of the sheriff of each participating county, a member of 62
the board of county commissioners of each participating county, 63
the chief of police of each participating municipal corporation, 64
and the mayor or city manager of each participating municipal 65
corporation. Any of the foregoing officers may appoint a 66
designee to serve in the officer's place on the corrections 67
commission. 68
The standards and procedures prescribed under this 69
division shall be formulated and agreed to by the commission and 70
may be amended at any time during the life of the contract by 71
agreement of a majority of the voting members of the commission 72
or by other means set forth in the contract between the 73
contracting counties and municipal corporations. The standards 74
and procedures formulated by the commission and amendments to 75
them shall include, but need not be limited to, designation of 76
the person in charge of the center, designation of a fiscal 77
agent, the categories of employees to be employed at the center, 78
the appointing authority of the center, and the standards of 79
treatment and security to be maintained at the center. The 80
person in charge of, and all persons employed to work at, the 81
center shall have all the powers of police officers that are 82
necessary for the proper performance of the duties relating to 83
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As Introduced
their positions at the center. 84
(B)(1) Upon the establishment of a corrections commission 85
under division (A) of this section, the judges specified in this 86
division shall form a judicial advisory board for the purpose of 87
making recommendations to the corrections commission on issues 88
of bed allocation, expansion of the center that the corrections 89
commission oversees, and other issues concerning the 90
administration of sentences or any other matter determined to be 91
appropriate by the board. The judges who shall form the judicial 92
advisory board for a corrections commission are the 93
administrative judge of the general division of the court of 94
common pleas of each county participating in the corrections 95
center, the presiding judge of the municipal court of each 96
municipal corporation participating in the corrections center, 97
and the presiding judge of each county court of each county 98
participating in the corrections center. If the number of the 99
foregoing members of the board is even, the county auditor or 100
the county auditor of the most populous county if the board 101
serves more than one county shall also be a member of the board. 102
Any of the foregoing judges may appoint a designee to serve in 103
the judge's place on the judicial advisory board, provided that 104
the designee shall be a judge of the same court as the judge who 105
makes the appointment. The judicial advisory board for a 106
corrections commission shall meet with the corrections 107
commission at least once each year. 108
(2) Each board of county commissioners that enters a 109
contract under division (A) of this section may appoint a 110
building commission pursuant to section 153.21 of the Revised 111
Code. If any commissions are appointed, they shall function 112
jointly in the construction of a multicounty or multicounty- 113
municipal correctional center with all the powers and duties 114
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authorized by law. 115
(C) Prior to the acceptance for custody and rehabilitation 116
into a center established under this section of any persons who 117
are designated by the department of rehabilitation and 118
correction, who plead guilty to or are convicted of a felony of 119
the fourth or fifth degree, and who satisfy the other 120
requirements listed in section 5120.161 of the Revised Code, the 121
corrections commission of a center established under this 122
section shall enter into an agreement with the department of 123
rehabilitation and correction under section 5120.161 of the 124
Revised Code for the custody and rehabilitation in the center of 125
persons who are designated by the department, who plead guilty 126
to or are convicted of a felony of the fourth or fifth degree, 127
and who satisfy the other requirements listed in that section, 128
in exchange for a per diem fee per person. Persons incarcerated 129
in the center pursuant to an agreement entered into under this 130
division shall be subject to supervision and control in the 131
manner described in section 5120.161 of the Revised Code. This 132
division does not affect the authority of a court to directly 133
sentence a person who is convicted of or pleads guilty to a 134
felony to the center in accordance with section 2929.16 of the 135
Revised Code. 136
(D) Pursuant to section 2929.37 of the Revised Code, each 137
board of county commissioners and the legislative authority of 138
each municipal corporation that enters into a contract under 139
division (A) of this section may require a person who was 140
convicted of an offense, who is under the charge of the sheriff 141
of their county or of the officer or officers of the contracting 142
municipal corporation or municipal corporations having charge of 143
persons incarcerated in the municipal jail, workhouse, or other 144
correctional facility, and who is confined in the multicounty, 145
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As Introduced
municipal-county, or multicounty-municipal correctional center 146
as provided in that division, to reimburse the applicable county 147
or municipal corporation for its expenses incurred by reason of 148
the person's confinement in the center. 149
(E) Notwithstanding any contrary provision in this section 150
or section 2929.18, 2929.28, or 2929.37 of the Revised Code, the 151
corrections commission of a center may establish a policy that 152
complies with section 2929.38 of the Revised Code and that 153
requires any person who is not indigent and who is confined in 154
the multicounty, municipal-county, or multicounty-municipal 155
correctional center to pay a reception fee, a fee for medical 156
treatment or service requested by and provided to that person, 157
or the fee for a random drug test assessed under division (E) of 158
section 341.26 of the Revised Code. 159
(F)(1) The corrections commission of a center established 160
under this section may establish a commissary for the center. 161
The commissary may be established either in-house or by another 162
arrangement. If a commissary is established, all persons 163
incarcerated in the center shall receive commissary privileges. 164
A person's purchases from the commissary shall be deducted from 165
the person's account record in the center's business office. The 166
commissary shall provide for the distribution to indigent 167
persons incarcerated in the center of necessary hygiene articles 168
and writing materials. 169
(2) If a commissary is established, the corrections 170
commission of a center established under this section shall 171
establish a commissary fund for the center. The management of 172
funds in the commissary fund shall be strictly controlled in 173
accordance with procedures adopted by the auditor of state. 174
Commissary fund revenue over and above operating costs and 175
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As Introduced
reserve shall be considered profits. All profits from the 176
commissary fund shall be used to purchase supplies and equipment 177
for the benefit of persons incarcerated in the center and to pay 178
salary and benefits for employees of the center, or for any 179
other persons, who work in or are employed for the sole purpose 180
of providing service to the commissary. The corrections 181
commission shall adopt rules and regulations for the operation 182
of any commissary fund it establishes. 183
(G) In lieu of forming a corrections commission to 184
administer a multicounty correctional center or a municipal- 185
county or multicounty-municipal correctional center, the boards 186
of county commissioners and the legislative authorities of the 187
municipal corporations contracting to establish the center may 188
also agree to contract for the private operation and management 189
of the center as provided in section 9.06 of the Revised Code, 190
but only if the center houses only misdemeanant inmates. In 191
order to enter into a contract under section 9.06 of the Revised 192
Code, all the boards and legislative authorities establishing 193
the center shall approve and be parties to the contract. 194
(H) If a person who is convicted of or pleads guilty to an 195
offense is sentenced to a term in a multicounty correctional 196
center or a municipal-county or multicounty-municipal 197
correctional center or is incarcerated in the center in the 198
manner described in division (C) of this section, or if a person 199
who is arrested for an offense, and who has been denied bail or 200
has had bail set and has not been released on bail is confined 201
in a multicounty correctional center or a municipal-county or 202
multicounty-municipal correctional center pending trial, at the 203
time of reception and at other times the officer, officers, or 204
other person in charge of the operation of the center determines 205
to be appropriate, the officer, officers, or other person in 206
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As Introduced
charge of the operation of the center may cause the convicted or 207
accused offender to be examined and tested for tuberculosis, HIV 208
infection, hepatitis, including but not limited to hepatitis A, 209
B, and C, and other contagious diseases. The officer, officers, 210
or other person in charge of the operation of the center may 211
cause a convicted or accused offender in the center who refuses 212
to be tested or treated for tuberculosis, HIV infection, 213
hepatitis, including but not limited to hepatitis A, B, and C, 214
or another contagious disease to be tested and treated 215
involuntarily. 216
(I) As used in this section, "multicounty-municipal" means 217
more than one county and a municipal corporation, or more than 218
one municipal corporation and a county, or more than one 219
municipal corporation and more than one county. 220
Sec. 341.14. (A) The sheriff of an adjoining county in