2006 Ohio Revised Code - 5120.03. Change of use of institution; penal/reformatory distinction eliminated; privatization of facility.

§ 5120.03. Change of use of institution; penal/reformatory distinction eliminated; privatization of facility.
 

(A)  The director of rehabilitation and correction, by executive order and with the approval of the governor, 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 may contract under section 9.06 of the Revised Code for the private operation and management of a facility under the control of the department. 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. 
 

HISTORY: 134 v H 494 (Eff 7-12-72); 142 v H 261 (Eff 11-1-87); 147 v H 215. Eff 9-29-97.
 

The effective date is set by section 222 of HB 215. 

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