Effective: January 1, 2004
Latest Legislation: Senate Bill 123 - 124th General Assembly
(A) Except as provided in division (C) of this section, the department of rehabilitation and correction may enter into an agreement with any local authority operating a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, as described in section 307.93, 341.21, or 753.16 of the Revised Code, for the housing in the jail or workhouse operated by the local authority of persons who are convicted of or plead guilty to a felony of the fourth or fifth degree if the person previously has not been convicted of or pleaded guilty to a felony and if the felony is not an offense of violence. The agreement shall specify a per diem fee that the department shall pay the local authority for each such person housed in the jail or workhouse pursuant to the agreement, shall set forth any other terms and conditions for the housing of such persons in the jail or workhouse, and shall indicate that the department, subject to the relevant terms and conditions set forth, may designate those persons to be housed at the jail or workhouse.
(B) A person designated by the department to be housed in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse that is the subject of an agreement entered into under division (A) of this section shall be conveyed by the department to that jail or workhouse and shall be kept at the jail or workhouse until the person's term of imprisonment expires, the person is pardoned, paroled, or placed under a post-release control sanction, or the person is transferred under the laws permitting the transfer of prisoners. The department shall pay the local authority that operates the jail or workhouse the per diem fee specified in the agreement for each such person housed in the jail or workhouse. Each such person housed in the jail or workhouse shall be under the direct supervision and control of the keeper, superintendent, or other person in charge of the jail or workhouse, but shall be considered for all other purposes to be within the custody of the department of rehabilitation and correction. Section 2967.193 of the Revised Code and all other provisions of the Revised Code that pertain to persons within the custody of the department that would not by their nature clearly be inapplicable apply to persons housed pursuant to this section.
(C) The department of rehabilitation and correction shall not enter into an agreement pursuant to division (A) of this section with any local authority unless the jail or workhouse operated by the authority complies with the Minimum Standards for Jails in Ohio.
(D) A court that sentences a person for a felony may include as the sentence or part of the sentence, in accordance with division (A) of section 2929.16 of the Revised Code and regardless of whether the jail or workhouse is the subject of an agreement entered into under division (A) of this section, a sanction that consists of a term of up to six months in a jail or workhouse or, if the offense is a fourth degree felony OVI offense and the offender is sentenced under division (G)(1) of section 2929.13 of the Revised Code, a sanction that consists of a term of up to one year in jail less the mandatory term of local incarceration of sixty or one hundred twenty consecutive days imposed pursuant to division (G)(1) of section 2929.13 of the Revised Code.
(E) "Fourth degree felony OVI offense" and "mandatory term of local incarceration" have the same meanings as in section 2929.01 of the Revised Code.
Structure Ohio Revised Code
Chapter 5120 | Department of Rehabilitation and Correction
Section 5120.01 | Director of Rehabilitation and Correction - Powers and Duties.
Section 5120.011 | Sanctions Imposed for Frivolous Actions.
Section 5120.02 | Assistant Director - Powers and Duties.
Section 5120.021 | Application of Chapter.
Section 5120.03 | Designation of Use of Institutions.
Section 5120.031 | Pilot Program of Shock Incarceration.
Section 5120.032 | Intensive Program Prisons.
Section 5120.033 | Intensive Program Prisons for Certain Ovi Offenders.
Section 5120.034 | Reentry Services by Nonprofit Faith-Based Organizations.
Section 5120.035 | Community-Based Substance Use Disorder Treatment for Qualified Prisoners.
Section 5120.036 | Risk Reduction Programming and Treatment.
Section 5120.037 | Substance Abuse Recovery Prison; Feasibility Study.
Section 5120.038 | Gps Monitoring of Offenders.
Section 5120.04 | Assigning Prisoner Labor on Public Works.
Section 5120.05 | Maintenance and Management of Institutions.
Section 5120.051 | Mentally Ill and Persons With Intellectual Disabilities Who Are Incarcerated.
Section 5120.06 | Divisions of Department.
Section 5120.07 | Ex-Offender Reentry Coalition.
Section 5120.08 | Bonds for Employees.
Section 5120.09 | Division of Business Administration - Powers and Duties.
Section 5120.091 | Education Services Fund.
Section 5120.092 | Adult and Juvenile Correctional Facilities Bond Retirement Fund.
Section 5120.10 | Jail Standards.
Section 5120.102 | Halfway House Facility Definitions.
Section 5120.103 | Construction of Halfway Houses.
Section 5120.104 | Acquiring and Leasing of Capital Facilities or Sites for Use as Halfway House.
Section 5120.105 | Providing Construction Services for Halfway Houses.
Section 5120.11 | Bureau of Examination and Classification.
Section 5120.111 | Rules and Forms for Community-Based Correctional Facilities and Programs.
Section 5120.113 | Written Reentry Plans.
Section 5120.114 | Single Validated Risk Assessment Tool.
Section 5120.115 | Authorized Users; Confidentiality of Reports.
Section 5120.13 | Holding Funds in Trust for Inmates.
Section 5120.131 | Industrial and Entertainment Fund - Commissary Fund.
Section 5120.132 | Prisoner Programs Fund.
Section 5120.133 | Prisoner's Financial Obligations and Funds.
Section 5120.134 | Vending Commission Fund.
Section 5120.14 | Notice of Escape and of Apprehension of Escapee.
Section 5120.15 | Admission and Discharge of Inmates.
Section 5120.16 | Reception, Examination, Observation, and Classification of Inmates.
Section 5120.161 | Local Housing of Certain State Prisoners.
Section 5120.163 | Examination, Testing and Treatment for Certain Diseases.
Section 5120.17 | Transferring Inmate to Psychiatric Hospital.
Section 5120.171 | Care and Treatment of Seriously Mentally Ill Inmates.
Section 5120.172 | Consent to Medical Treatment of Minor Prosecuted as Adult.
Section 5120.173 | Report of Child Abuse or Neglect to State Highway Patrol.
Section 5120.18 | Classifying Public Buildings - Purchase of Articles.
Section 5120.19 | Cultivating Lands - Transactions Between Institutions.
Section 5120.20 | Cooperative Tests by Agriculture and Health Departments.
Section 5120.211 | Quality Assurance Records Are Confidential.
Section 5120.212 | Data Matching Agreements.
Section 5120.22 | Division of Business Administration - Property Management Duties.
Section 5120.23 | Estimates of Required Supplies.
Section 5120.24 | Purchasing Supplies.
Section 5120.25 | Books and Accounts.
Section 5120.27 | Industries Carried on by Institutions.
Section 5120.28 | Fixing Prices for Labor and Services.
Section 5120.29 | Institutional Services Fund; Ohio Penal Industries Manufacturing Fund.
Section 5120.30 | Investigations.
Section 5120.31 | Appointing Special Agents and Persons.
Section 5120.32 | Annual Report.
Section 5120.33 | Listing Employees.
Section 5120.331 | Annual Report of Inmate Time Served and Releases.
Section 5120.34 | Nonpartisan Management of Institutions.
Section 5120.35 | Annual Report Suggestions and Recommendations.
Section 5120.36 | Executive, Administrative, and Fiscal Supervision of Institutions.
Section 5120.37 | Sharing Information With Department of Job and Family Services.
Section 5120.38 | Duties of Managing Officer.
Section 5120.381 | Deputy Warden.
Section 5120.382 | Appointment of Employees.
Section 5120.39 | Superintendent of Institution - Powers and Duties.
Section 5120.40 | Qualification of Teachers.
Section 5120.41 | Courses of Study.
Section 5120.42 | Rules for Proper Execution of Powers.
Section 5120.421 | Visitor Searches.
Section 5120.422 | Rules for Site Selection.
Section 5120.423 | Rules for Designating Equipment and Programs That Improve Fighting Skills.
Section 5120.424 | Purchasing Fixed Weight Exercise Equipment.
Section 5120.425 | Prisoner Access to Inflammatory and Other Materials Definitions.
Section 5120.426 | Rules Governing Access to Materials.
Section 5120.427 | Right to Receive Materials.
Section 5120.428 | Request for Review.
Section 5120.44 | Liberal Construction of Chapter.
Section 5120.45 | Burial or Cremation of Inmate.
Section 5120.46 | Appropriating Property.
Section 5120.47 | Leasing Capital Facilities.
Section 5120.48 | Apprehending Escapee or Prisoner Mistakenly Released.
Section 5120.50 | Interstate Correction Compact.
Section 5120.51 | Population and Cost Impact Statement for Legislative Bill.
Section 5120.52 | Contract for Sewage Services.
Section 5120.53 | Transfer or Exchange of Convicted Offender to Foreign Country Pursuant to Treaty.
Section 5120.55 | Licensed Health Professional Recruitment Program.
Section 5120.56 | Recovering Cost of Incarceration or Supervision From Offender.
Section 5120.57 | Reimbursement for Health Care Services Rendered to Insured Offender.
Section 5120.58 | Rules for Health Care Benefits and Preventive Services.
Section 5120.59 | Verification of Prisoner's Identity Before Release.
Section 5120.60 | Office of Victim Services.
Section 5120.61 | Risk Assessment Reports for Sexually Violent Offenders.
Section 5120.62 | Internet Access for Prisoners.
Section 5120.63 | Random Drug Testing of State Prisoners.
Section 5120.65 | Prison Nursery Program.
Section 5120.651 | Eligibility for Program.
Section 5120.652 | Duties of Inmate Participants.
Section 5120.653 | Termination of Participation in Program.
Section 5120.654 | Collecting Support Payments.
Section 5120.655 | Prison Nursery Program Fund - Individual Nursery Accounts.
Section 5120.656 | No Regulation by Department of Job and Family Services.
Section 5120.657 | Adoption of Rules.
Section 5120.68 | Warden's Report to Parole Board.
Section 5120.70 | Federal Equitable Sharing Fund.