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sb179_05_EN
(136th General Assembly)
(Substitute
Senate Bill Number 179)
AN
ACT
To amend sections 341.02 and
5901.03 and to enact section 341.43 of the Revised Code to require
incarcerating institutions to verify the veteran status of
incarcerated individuals.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 341.02 and 5901.03 be amended and section 341.43 of the
Revised Code be enacted to read as follows:
Sec.
341.02.
The
sheriff shall make the following entries in a suitable book, which
shall be known as the "jail register," kept in the office
of the jailer, and delivered to the successor in office of such
jailer:
(A)
The name of each prisoner, and the date and cause of
his
the
prisoner's
commitment;
(B)
The date and manner of
his
the prisoner's
discharge
;
(C)
The prisoner's veteran status, if the prisoner is verified as a
veteran as a result of an investigation conducted by a sheriff under
section 341.43 of the Revised Code
.
The
sheriff or jail administrator shall prepare written operational
policies and procedures and prisoner rules of conduct, and maintain
the records prescribed by these policies and procedures in accordance
with the minimum standards for jails in Ohio promulgated by the
department of rehabilitation and correction.
The
court of common pleas shall review the jail's operational policies
and procedures and prisoner rules of conduct. If the court approves
the policies, procedures, and rules of conduct, they shall be
adopted.
Sec.
341.43.
(A)
As used in this section:
(1)
"VRSS" means the veterans reentry search service that is
operated by the United States department of veterans affairs.
(2)
"Incarcerating institution" means all of the following:
(a)
Each institution that is under the control of the department of
rehabilitation and correction;
(b)
Each county, municipal, municipal-county, and multicounty
correctional institution that has on its premises a jail, workhouse,
minimum security jail, community-based correctional facility, or
facility in which an individual shall serve a term of incarceration
or a prison or jail term pursuant to section 2929.34 of the Revised
Code for the type of criminal offense and under the circumstances
specified or referred to in that section;
(c)
An institution described in division (A)(2)(a) or (b) of this section
that confines an individual awaiting disposition, in cases where an
individual is charged with a felony that is punishable by a term of
incarceration, a misdemeanor that is punishable by a term of
incarceration, or a traffic offense that is punishable by a term of
incarceration.
(B)
Each incarcerating institution shall do all of the following:
(1)
Register with VRSS;
(2)
During the confinement booking process, obtain personal information
from each individual, including name, social security number, and any
other required information necessary to determine whether the
individual is a veteran;
(3)
Not later than three days after each booking, access VRSS to which
the incarcerating institution is registered under division (B)(1) of
this section to verify or confirm if an individual who is
incarcerated or charged with a criminal offense has served in the
United States military;
(4)
For each individual verified as a veteran as a result of an
investigation conducted pursuant to division (B)(3) of this section,
note the individual's status as a veteran on all appropriate records
pursuant to rules adopted under division (E) of this section.
(C)
An incarcerating institution is not required to access VRSS if
another incarcerating institution has complied with the requirements
of this section with respect to the individual and charge that led to
the specific incarceration.
(D)
Each incarcerating institution shall train staff to use VRSS to which
the institution is registered. The institution shall seek cost-free
training assistance and computer software installation from a
representative of the veterans justice outreach program operated by
the department of veterans affairs or other appropriate
representative of the department. If an institution is unable to
acquire cost-free assistance from that department, the institution
may, at the institution's own expense, retain individuals who are
knowledgeable about VRSS, by training or experience, to assist in
training designated qualified individuals to use VRSS, and may
request financial assistance under division (E)(3) of section 5901.03
of the Revised Code.
(E)
The director of rehabilitation and correction shall adopt rules to
implement the requirements of this section for each of the
incarcerating institutions under its control, including rules
establishing the types of records upon which an individual's veteran
status must be indicated. Incarcerating institutions referred to in
division (A) of this section that are not under the control of the
department of rehabilitation and corrections shall adopt rules to
implement the requirements of this section, including rules
establishing the types of records upon which an individual's veteran
status must be indicated.
Sec.
5901.03.
The
veterans service commission shall select one of its members as
president, one as vice-president, and one as secretary. The
commission shall meet at least once each month. A judge of the court
of common pleas may remove, for cause, any member of the commission
appointed under section 5901.02 of the Revised Code, and shall fill
vacancies occurring among memberships appointed under that section
for the unexpired terms in the manner provided for the original
appointments.
The
commission's duties shall include but are not limited to the
following:
(A)
Employing such staff as are necessary to carry out the commission's
duties, and fixing their compensation;
(B)
Establishing policies and procedures for the administration of the
commission and the veterans service office;
(C)
Establishing policies and procedures for the administration of
assistance as provided under this chapter;
(D)
Causing the budgets of the veterans service commission and veterans
service office to be presented to the board of county commissioners
for approval;
(E)
Establishing programs of outreach and coordination with other
agencies to enhance available services to veterans within the
county
;
,
which may include any of the following:
(1)
Providing financial assistance to a veterans treatment court to
establish and fulfill an outreach program under this section;
(2)
Hiring and compensating a person who will work at a veterans
treatment court and provide assistance to the court as specified by
the terms of an outreach program established under this section;
(3)
Providing financial assistance to incarcerating institutions, under
section 341.43 of the Revised Code, to purchase the necessary
computer hardware and software, and to compensate for the cost of
training and use of VRSS, if such purchase or compensation is not
provided by the United States department of veteran affairs. This
assistance is to aid in identifying veterans who are incarcerated or
charged with criminal conduct, so that these veterans can be assessed
and, if they qualify, placed in outreach programs, such as veterans
treatment courts, or other outreach programs provided by other
agencies. As used in this division, "VRSS" has the same
meaning as in section 341.43 of the Revised Code.
(F)
Promoting, monitoring, and providing funding for ongoing education
and training for veterans service commissioners and staff;
(G)
Making reports to the organizations represented on the commission, as
provided in section 5901.02 of the Revised Code, and to others, upon
request;
(H)
Establishing regularly scheduled transportation for veterans to and
from veterans administration medical centers whose districts the
county is within, through contractual agreements or through other
arrangements determined by the commission to be most cost-effective;
(I)
Participating in appropriate memorial and commemorative activities to
help promote patriotism and veterans services;
(J)
Taking any other actions required by this chapter.
Section
2.
That
existing sections 341.02 and 5901.03 of the Revised Code are hereby
repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________