Bill Text: OH HB237 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To bar the sale of any state correctional facility without prior enactment by the General Assembly of an act that authorizes and approves the sale.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2011-05-24 - To State Government & Elections [HB237 Detail]
Download: Ohio-2011-HB237-Introduced.html
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Representatives Gerberry, Hagan, R.
| To amend section 5120.03 of the Revised Code to bar | 1 |
| the sale of any state correctional facility | 2 |
| without prior enactment by the General Assembly of | 3 |
| an act that authorizes and approves the sale. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 5120.03 of the Revised Code be | 5 |
| amended to read as follows: | 6 |
| Sec. 5120.03. (A) Subject to division (C) of this section, | 7 |
| the director of rehabilitation and correction may change the | 8 |
| purpose for which any institution or place under the control of | 9 |
| the department of rehabilitation and correction is being used. The | 10 |
| director may designate a new or another use for such institution, | 11 |
| if the change of use and new designation has for its objective, | 12 |
| improvement in the classification, segregation, care, education, | 13 |
| cure, or rehabilitation of persons subject to the control of the | 14 |
| department. | 15 |
| (B) The director of rehabilitation and correction, by | 16 |
| executive order, issued on or before December 31, 1988, shall | 17 |
| eliminate the distinction between penal institutions and | 18 |
| reformatory institutions. Notwithstanding any provision of the | 19 |
| Revised Code or the Administrative Code to the contrary, upon the | 20 |
| issuance of the executive order, any distinction made between the | 21 |
| types of prisoners sentenced to or otherwise assigned to the | 22 |
| institutions under the control of the department shall be | 23 |
| discontinued. | 24 |
| (C) The director shall contract under section 9.06 of the | 25 |
| Revised Code for the private operation and management of not less | 26 |
| than two facilities under the control of the department, unless | 27 |
| the contractor managing and operating a facility is not in | 28 |
| substantial compliance with the material terms and conditions of | 29 |
| its contract and no other person or entity is willing and able to | 30 |
| satisfy the obligations of the contract. All inmates assigned to a | 31 |
| facility operated and managed by a private contractor remain | 32 |
| inmates in the care and custody of the department. The statutes, | 33 |
| rules, and policies of the department may apply to the private | 34 |
| contractor and any inmate assigned to a facility operated and | 35 |
| managed by a private contractor as agreed to in the contract | 36 |
| entered into under section 9.06 of the Revised Code. | 37 |
| (D)(1) Subject to division (D)(2) of this section and | 38 |
| notwithstanding any other provision of law, no right, title, or | 39 |
| interest of the state in any institution or facility under the | 40 |
| control of the department of rehabilitation and correction or in | 41 |
| the real property on which any such institution or facility is | 42 |
| situated and any surrounding land shall be sold or transferred to | 43 |
| any person other than as provided in this division. The state's | 44 |
| right, title, and interest in any institution or facility under | 45 |
| the control of the department of rehabilitation and correction or | 46 |
| in the real property on which any such institution or facility is | 47 |
| situated and any surrounding land may be sold or transferred to a | 48 |
| person only if the general assembly enacts an act that authorizes | 49 |
| and approves the sale or transfer of the institution or facility | 50 |
| or the real property and land. An act to authorize and approve the | 51 |
| sale or transfer of an institution or facility or real property | 52 |
| and land pursuant to this division shall set forth a detailed | 53 |
| description of the institution or facility and the real property | 54 |
| and land to be sold or transferred, an express description of the | 55 |
| consideration for the sale or transfer, and all other terms and | 56 |
| conditions of the sale or transfer that the general assembly | 57 |
| determines to be necessary. | 58 |
| If the general assembly enacts an act as described in this | 59 |
| division that authorizes and approves the sale or transfer of the | 60 |
| state's right, title, and interest in an institution or facility | 61 |
| under the control of the department of rehabilitation and | 62 |
| correction or in the real property on which any such institution | 63 |
| or facility is situated and any surrounding land, the sale or | 64 |
| transfer of that facility, real property, and surrounding land may | 65 |
| proceed in accordance with the act. | 66 |
| (2) Division (D)(1) of this section applies to any sale or | 67 |
| transfer of the state's right, title, and interest in any | 68 |
| institution or facility under the control of the department of | 69 |
| rehabilitation and correction or in the real property on which any | 70 |
| such institution or facility is situated and any surrounding land | 71 |
| occurring on and after the date that is one hundred eighty days | 72 |
| after the effective date of this amendment. | 73 |
| Section 2. That existing section 5120.03 of the Revised Code | 74 |
| is hereby repealed. | 75 |
