Bill Text: OH SB56 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To require an operator of a halfway house or community residential center to notify the Adult Parole Authority when a resident who is under the Authority's supervisory authority leaves the facility without permission, cannot be located, or does not return to the facility at the time required from a scheduled appointment or work assignment; to require notice to the Adult Parole Authority before a halfway house or community residential center may evict a resident who is under the Authority's supervisory authority; and to require the Division of Parole and Community Services to annually review the licensure standards for halfway houses and community residential centers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-01 - To Judiciary Criminal Justice [SB56 Detail]
Download: Ohio-2011-SB56-Introduced.html
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Senator Tavares
To amend section 2967.14 of the Revised Code to | 1 |
require an operator of a halfway house or | 2 |
community residential center to notify the Adult | 3 |
Parole Authority when a resident who is under the | 4 |
Authority's supervisory authority leaves the | 5 |
facility without permission, cannot be located, or | 6 |
does not return to the facility at the time | 7 |
required from a scheduled appointment or work | 8 |
assignment; to require notice to the Adult Parole | 9 |
Authority before a halfway house or community | 10 |
residential center may evict a resident who is | 11 |
under the Authority's supervisory authority; and | 12 |
to require the Division of Parole and Community | 13 |
Services to annually review the licensure | 14 |
standards for halfway houses and community | 15 |
residential centers. | 16 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2967.14 of the Revised Code be | 17 |
amended to read as follows: | 18 |
Sec. 2967.14. (A) The adult parole authority may require a | 19 |
parolee or releasee to reside in a halfway house or other suitable | 20 |
community residential center that has been licensed by the | 21 |
division of parole and community services pursuant to division (C) | 22 |
of this section during a part or for the entire period of the | 23 |
parolee's conditional release or of the releasee's term of | 24 |
post-release control. The court of common pleas that placed an | 25 |
offender under a sanction consisting of a term in a halfway house | 26 |
or in an alternative residential sanction may require the offender | 27 |
to reside in a halfway house or other suitable community | 28 |
residential center that is designated by the court and that has | 29 |
been licensed by the division pursuant to division (C) of this | 30 |
section during a part or for the entire period of the offender's | 31 |
residential sanction. | 32 |
(B) The division of parole and community services may | 33 |
negotiate and enter into agreements with any public or private | 34 |
agency or a department or political subdivision of the state that | 35 |
operates a halfway house or community residential center that has | 36 |
been licensed by the division pursuant to division (C) of this | 37 |
section. An agreement under this division shall provide for the | 38 |
purchase of beds, shall set limits of supervision and levels of | 39 |
occupancy, and shall determine the scope of services for all | 40 |
eligible offenders, including those subject to a residential | 41 |
sanction, as defined in rules adopted by the director of | 42 |
rehabilitation and correction in accordance with Chapter 119. of | 43 |
the Revised Code. The payments for beds and services shall be | 44 |
equal to the halfway house's or community residential center's | 45 |
average daily per capita costs with its facility at full | 46 |
occupancy. The payments for beds and services shall not exceed the | 47 |
total operating costs of the halfway house or community | 48 |
residential center during the term of an agreement. The director | 49 |
of rehabilitation and correction shall adopt rules in accordance | 50 |
with Chapter 119. of the Revised Code for determining includable | 51 |
and excludable costs and income to be used in computing the | 52 |
agency's average daily per capita costs with its facility at full | 53 |
occupancy. | 54 |
The department of rehabilitation and correction may use no | 55 |
more than ten per cent of the amount appropriated to the | 56 |
department each fiscal year for the halfway house and community | 57 |
residential center program to pay for contracts for nonresidential | 58 |
services for offenders under the supervision of the adult parole | 59 |
authority. The nonresidential services may include, but are not | 60 |
limited to, treatment for substance abuse, mental health | 61 |
counseling, and counseling for sex offenders. | 62 |
(C) The division of parole and community services shall adopt | 63 |
in accordance with Chapter 119. of the Revised Code standards for | 64 |
the licensure of halfway houses and community residential centers. | 65 |
The division shall annually review the standards. The division may | 66 |
license a halfway house or community residential center as a | 67 |
suitable facility for the care and treatment of adult offenders, | 68 |
including offenders sentenced under section 2929.16 or 2929.26 of | 69 |
the Revised Code, only if the halfway house or community | 70 |
residential center complies with the standards that the division | 71 |
adopts in accordance with
| 72 |
division for the licensure of halfway houses and community | 73 |
residential centers. The division shall annually inspect each | 74 |
licensed halfway house and licensed community residential center | 75 |
to determine if it is in compliance with the licensure standards. | 76 |
(D)(1) If any staff member of a licensed halfway house or | 77 |
community residential center knows that a resident who is under | 78 |
the supervisory authority of the adult parole authority has left | 79 |
the halfway house or community residential center without | 80 |
permission, the operator of the facility shall notify the adult | 81 |
parole authority of that fact immediately upon the staff member | 82 |
gaining that knowledge. | 83 |
(2) If a resident of a licensed halfway house or community | 84 |
residential center who is under the supervisory authority of the | 85 |
adult parole authority cannot be located and division (D)(1) of | 86 |
this section does not apply, the operator of the facility shall | 87 |
notify the adult parole authority of that fact by whichever of the | 88 |
following times is applicable: | 89 |
(a) Subject to division (D)(2)(b) of this section, not later | 90 |
than four hours after it initially is determined that the resident | 91 |
cannot be located; | 92 |
(b) If the adult parole authority, based upon a resident's | 93 |
criminal history or risk level, requires notice of a resident's | 94 |
absence to be given before the expiration of four hours after it | 95 |
initially is determined that the resident cannot be located, not | 96 |
later than the time specified by the adult parole authority. | 97 |
(3) If a resident of a licensed halfway house or community | 98 |
residential center who is under the supervisory authority of the | 99 |
adult parole authority does not return to the facility at the time | 100 |
required from a scheduled appointment or work assignment, the | 101 |
operator or staff members of the halfway house or community | 102 |
residential center immediately shall attempt to determine the | 103 |
whereabouts of the resident. If the resident cannot be located and | 104 |
division (D)(1) of this section does not apply, the operator shall | 105 |
notify the adult parole authority of that fact by whichever of the | 106 |
following times is applicable: | 107 |
(a) Subject to division (D)(3)(b) of this section, not later | 108 |
than four hours after it initially is determined that the resident | 109 |
has not returned to the facility at the time required; | 110 |
(b) If the adult parole authority, based upon a resident's | 111 |
criminal history or risk level, requires notice of a resident's | 112 |
absence to be given before the expiration of four hours after it | 113 |
initially is determined that the resident has not returned to the | 114 |
facility at the time required, not later than the time specified | 115 |
by the adult parole authority. | 116 |
(4) If a resident of a licensed halfway house or community | 117 |
residential center who is under the supervisory authority of the | 118 |
adult parole authority leaves the facility without permission, | 119 |
cannot be located, or does not return to the facility at the time | 120 |
required from a scheduled appointment or work assignment, the | 121 |
operator of the facility shall complete an incident report that | 122 |
documents all attempts to locate the resident and, if division | 123 |
(D)(1), (2), or (3) of this section requires notification to the | 124 |
adult parole authority, that indicates the date and time when the | 125 |
adult parole authority was notified of the resident's absence. The | 126 |
operator of the facility shall send a copy of the completed | 127 |
incident report to the adult parole authority. Upon receipt of the | 128 |
completed incident report, the adult parole authority shall send a | 129 |
copy of the report to the bureau of community sanctions of the | 130 |
department of rehabilitation and correction. | 131 |
(5) Before evicting any resident who is under the supervisory | 132 |
authority of the adult parole authority, a licensed halfway house | 133 |
or community residential center shall notify the adult parole | 134 |
authority of the planned eviction. | 135 |
(6) If the operator of a licensed halfway house or community | 136 |
residential center provides the adult parole authority with notice | 137 |
of a resident's absence pursuant to division (D)(1), (2), or (3) | 138 |
of this section, the adult parole authority shall comply with the | 139 |
applicable policies of the division of parole and community | 140 |
services after receiving the notification. | 141 |
Section 2. That existing section 2967.14 of the Revised Code | 142 |
is hereby repealed. | 143 |