Ohio Revised Code Search
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Section 5123.14 | Investigations.
...The department of developmental disabilities may make such investigations as are necessary in the performance of its duties and to that end the director of developmental disabilities shall have the same power as a judge of a county court to administer oaths and to enforce the attendance and testimony of witnesses and the production of books or papers. The department shall keep a record of such investigations ... |
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Section 5123.15 | Appointing special agents and persons.
...The department of developmental disabilities may appoint and commission any competent agency or person, to serve without compensation, as a special agent, investigator, or representative to perform a designated duty for and in behalf of the department. Specific credentials shall be given by the department to each person so designated, and each credential shall state the: (A) Name; (B) Agency with which suc... |
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Section 5123.16 | Valid supported living certificate required.
...(A) As used in sections 5123.16 to 5123.1613 of the Revised Code: (1) "Applicant" means any of the following: (a) The chief executive officer of a business that applies under section 5123.161 of the Revised Code for a certificate to provide supported living; (b) The chief executive officer of a business that seeks renewal of the business's supported living certificate under section 5123.164 of the Revised Code;... |
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Section 5123.161 | Application for supported living certificate.
...A person or government entity that seeks to provide supported living shall apply to the director of developmental disabilities for a supported living certificate. Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director shall issue to the person or government entity a supported living certificate if the person or government entity follows the application process established in rules ad... |
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Section 5123.162 | Applicant survey to determine if standards met.
...urveys conducted under this section are public records for the purpose of section 149.43 of the Revised Code and shall be made available on the request of any person or government entity. |
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Section 5123.163 | Term of supported living certificate.
...A supported living certificate is valid for a period of time established in rules adopted under section 5123.1611 of the Revised Code, unless any of the following occur before the end of that period of time: (A) The director of developmental disabilities issues an order requiring that action be taken against the certificate holder under section 5123.166 of the Revised Code. (B) The director issues an order terminat... |
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Section 5123.164 | Renewal of supported living certificate.
...Except as provided in sections 5123.166 and 5123.169 of the Revised Code, the director of developmental disabilities shall renew a supported living certificate if the certificate holder follows the renewal process established in rules adopted under section 5123.1611 of the Revised Code, continues to meet the applicable certification standards established in those rules, and pays the renewal fee established in those r... |
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Section 5123.165 | Provision of supported living and residence.
...(A) Except as provided in division (B) of this section, no person or government entity may provide supported living to an individual with a developmental disability if the person or government entity also provides the individual a residence. (B) A person may provide supported living to an individual with a developmental disability even though the person also provides the individual a residence if either of the follo... |
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Section 5123.166 | Adjudication order against certificate applicant or holder.
...(A) If good cause exists as specified in division (B) of this section and determined in accordance with procedures established in rules adopted under section 5123.1611 of the Revised Code, the director of developmental disabilities may issue an adjudication order requiring that one or more of the following actions be taken against a person or government entity seeking or holding a supported living certificate: (1) ... |
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Section 5123.167 | Reapplication after negative adjudication on certificate.
...If the director of developmental disabilities issues an adjudication order under section 5123.166 of the Revised Code refusing to issue a supported living certificate to a person or government entity, refusing to renew a person or government entity's supported living certificate, or revoking the person or government entity's supported living certificate, neither the person or government entity nor a related party of ... |
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Section 5123.168 | Termination of certificate for failure to bill for services.
...The director of developmental disabilities shall terminate a supported living certificate if the certificate holder has not billed for supported living for twenty-four consecutive months. To terminate a supported living certificate under this section, the director shall send a notice by certified mail to the certificate holder at the address on file with the department of developmental disabilities explaining why the... |
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Section 5123.169 | Issuance of supported living certificate.
...ained pursuant to this section is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, other than the following: (a) The applicant who is the subject of the report or the applicant's representative; (b) The director or the director's representative; (c) Any court, hearing officer, or other necessary individual involved in a case dealing with an... |
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Section 5123.1610 | Termination or refusal of provider agreement for supported living.
...(A) All of the following apply if the department of medicaid, pursuant to section 5164.38 of the Revised Code, refuses to enter into, terminates, or refuses to revalidate a provider agreement that authorizes a person or government entity to provide supported living under the medicaid program: (1) In the case of a refusal to enter into a provider agreement, the person or government entity's application to provide med... |
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Section 5123.1611 | Rules governing supported living program.
...The director of developmental disabilities shall adopt rules under Chapter 119. of the Revised Code establishing all of the following: (A) The extent to which a county board of developmental disabilities may provide supported living; (B) The application process for obtaining a supported living certificate under section 5123.161 of the Revised Code; (C) The certification standards a person or government entity m... |
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Section 5123.1612 | Summary order suspending supported living certificate holder's authority to provide supported living.
...(A) The director of developmental disabilities may issue a summary order suspending a supported living certificate holder's authority to provide supported living to one or more identified individuals if the director determines that both of the following are the case: (1) The certificate holder's noncompliance with one or more requirements of this chapter or the rules adopted under it causes or presents an immediate... |
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Section 5123.1613 | Guardian supported living exclusion.
...(A) A person who has been granted guardianship of an individual with a developmental disability shall not provide supported living to that individual either as an independent provider or as an employee or contractor of a supported living certificate holder unless there is a relationship by blood, adoption, or marriage between the guardian and the individual. (B) A supported living certificate holder owned or operat... |
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Section 5123.17 | Care outside institution.
... protection of those persons and of the public. |
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Section 5123.171 | Respite care services.
...As used in this section, "respite care" means appropriate, short-term, temporary care provided to a person with a developmental disability to sustain the family structure or to meet planned or emergency needs of the family. The department of developmental disabilities shall provide respite care services to persons with developmental disabilities for the purpose of promoting self-sufficiency and normalization, preven... |
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Section 5123.18 | Contracts with person or agency to provide services.
...The department of developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with developmental disabilities in need of residential services. To be eligible to enter into a contract with the department under this section, a person or government entity and the home in which the residential services are provided must meet all applicable standar... |
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Section 5123.19 | Operation of residential facilities.
...tions requiring compliance with health, fire, and safety regulations and building standards and regulations. (P) Divisions (M) and (N) of this section are not applicable to municipal corporations that had in effect on June 15, 1977, an ordinance specifically permitting in residential zones licensed residential facilities by means of permitted uses, conditional uses, or special exception, so long as such ordinance ... |
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Section 5123.191 | Appointing receiver to operate residential facility.
...(A) The court of common pleas or a judge thereof in the judge's county, or the probate court, may appoint a receiver to take possession of and operate a residential facility licensed by the department of developmental disabilities, in causes pending in such courts respectively, when conditions existing at the facility present a substantial risk of physical or mental harm to residents and no other remedies at law are ... |
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Section 5123.192 | Licensing for ICF/IID after 7/1/2013.
...(A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of the Revised Code shall do both of the following as a condition of continuing to operate the ICF/IID on and after July 1, 2013: (1) Not later than February 1, 2013, apply to the director of developmental disabilities for a residential facility license under section 512... |
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Section 5123.193 | Searchable database of vacancies in licensed residential facilities.
...The director of developmental disabilities shall include on the internet web site maintained by the department of developmental disabilities a searchable database of vacancies in licensed residential facilities. Each person or government entity operating a licensed residential facility shall provide current and accurate vacancy information to the department in accordance with procedures that the director shall establ... |
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Section 5123.194 | Waiving support collection requirements to facilitate independent living.
...In the case of an individual who resides in a residential facility and is preparing to move into an independent living arrangement and the individual's liable relative, the department of developmental disabilities may waive the support collection requirements of sections 5121.04 and 5123.122 of the Revised Code for the purpose of allowing income or resources to be used to acquire items necessary for independent... |
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Section 5123.196 | Maximum number of beds.
...(A) Except as provided in division (E) of this section, the director of developmental disabilities shall not issue a license under section 5123.19 of the Revised Code on or after July 1, 2003, if issuance will result in there being more beds in all residential facilities licensed under that section than is permitted under division (B) of this section. (B) The maximum number of beds for the purpose of division (A) of... |
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Section 5139.86 | Cafeteria fund - industrial and entertainment fund - youth benefit fund - employee food service fund.
...(A) Each managing officer of an institution or regional office under the jurisdiction of the department of youth services, with the approval of the director of the department, may establish local funds designated as follows: (1) The cafeteria fund, created and maintained for the benefit of the institution, into which shall be deposited all money received from the sale of cafeteria meals. The fund shall be used to pa... |
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Section 5139.87 | Federal juvenile justice funds; juvenile justice and delinquency prevention fund.
...(A) The department of youth services shall serve as the state agent for the administration of federal juvenile justice grants awarded to the state. (B) There is hereby created in the state treasury the juvenile justice and delinquency prevention fund. All federal grants and other moneys received for federal juvenile programs shall be deposited into the fund. All receipts deposited into the fund shall be used for fe... |
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Section 5139.99 | Penalty.
...Whoever violates section 5139.21 of the Revised Code shall be fined not less than ten nor more than five hundred dollars or imprisoned not more than one year, or both. |
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Section 5145.01 | Length of sentences.
...Courts shall impose sentences to a state correctional institution for felonies pursuant to sections 2929.13 and 2929.14 of the Revised Code. All prison terms may be ended in the manner provided by law, but no prison term shall exceed the maximum term provided for the felony of which the prisoner was convicted as extended pursuant to section 2929.141 or 2967.28 of the Revised Code. If a prisoner is sentenced for tw... |
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Section 5145.03 | Rules for government and employment of prisoners.
...tside the department's institutions, in public works, in institutional jobs necessary for the proper maintenance or operation of the department's institutions, and in other appropriate forms of labor; (2) A system of compensation, allowances, hours, conditions of employment, and advancement for prisoners who are employed in any form of labor; (3) The regulation of the working conditions for prisoners who are empl... |
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Section 5145.04 | Maintaining control of prisoners - daily record of conduct.
...The department of rehabilitation and correction shall maintain the control over prisoners committed to its custody that prevents them from committing crime, secure their self-support, and accomplish their reformation. When a prisoner is received into a state correctional institution upon direct sentence to the institution, the department shall enter in a register the date of the admission, the prisoner's name, age, ... |
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Section 5145.05 | Contents of daily record of conduct.
...The department of rehabilitation and correction, upon the register required to be maintained by section 5145.04 of the Revised Code, shall enter notes of observed improvement or deterioration of character of the prisoner, the method of treatment employed for the prisoner, orders or alterations affecting his standing or situation, the prisoner's performance of labor while committed, and subsequent facts of personal hi... |
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Section 5145.06 | Ohio central school system.
...(A) The department of rehabilitation and correction shall establish and operate a school system that is approved and chartered by the department of education and workforce and designated as the Ohio central school system to serve all of the correctional institutions under its control. The Ohio central school system shall provide educational programs for prisoners to allow them to complete adult basic education course... |
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Section 5145.13 | Monthly reports of management and progress of school.
...The superintendent of the elementary day school for uneducated prisoners in the penitentiary shall make monthly reports to the department of rehabilitation and correction with respect to the management and progress of the school and as to all matters under his supervision. |
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Section 5145.14 | Labor or services.
...Labor or service shall not be performed by a prisoner within a correctional institution, unless the labor or service is expressly authorized by rules adopted by the department of rehabilitation and correction pursuant to division (B) of section 5145.03 of the Revised Code. |
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Section 5145.15 | Employing prisoners in certain work for the state.
...The department of rehabilitation and correction may, in accordance with rules adopted pursuant to division (B) of section 5145.03 of the Revised Code, employ a portion of the prisoners in the manufacture of articles that are used by the state, any other state, any political subdivision or institution of this state, any other state, or the United States, or private persons. The department may procure machinery and pre... |
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Section 5145.16 | Work programs.
...tside the department's institutions, in public works, in institutional jobs necessary for the proper maintenance and operation of the institutions under the control of the department, or in any other appropriate form of labor. The department, pursuant to the program, shall attempt to engage in work programs as many prisoners as possible who are in its custody and who are eligible for the programs. The department is ... |
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Section 5145.161 | Program for employment of prisoners.
...(A) The program for the employment of prisoners within the custody of the department of rehabilitation and correction that the department is required to establish by division (A) of section 5145.16 of the Revised Code shall be administered in accordance with any rules adopted pursuant to division (B) of section 5145.03 of the Revised Code and with the following requirements: (1) The department shall consider the n... |
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Section 5145.162 | Office of enterprise development advisory board.
...he department's program; (4) Promote public awareness of the office of enterprise development and the office's employment program; (5) Familiarize itself and the public with avenues to access the office of enterprise development on employment program concerns; (6) Advocate for the needs and concerns of the office of enterprise development in local communities, counties, and the state; (7) Play an active r... |
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Section 5145.163 | Prison industries enhancement certification program.
...(A) As used in this section: (1) "Customer model enterprise" means an enterprise conducted under a federal prison industries enhancement certification program in which a private party participates in the enterprise only as a purchaser of goods and services. (2) "Employer model enterprise" means an enterprise conducted under a federal prison industries enhancement certification program in which a private party p... |
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Section 5145.1611 | Documentation upon inmate's release from prison.
...(A)(1) The department of rehabilitation and correction shall provide every inmate who is released from a term of imprisonment for a felony offense and whose intended residence is within this state with the documentation listed in division (B) of this section to assist the inmate in obtaining post-release employment. (2) Except as provided in division (C) of this section, the department shall assist each inmate in c... |
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Section 5145.17 | Contracts for sale of roadmaking materials.
...f the Revised Code with any department, public institution, or subdivision of the state or with any person and for furnishing and delivering the roadmaking material for use upon the appropriate roads, streets, and highways. (B) Any money received for roadmaking materials prepared by prisoners shall be deposited into the Ohio penal industries manufacturing fund created pursuant to section 5120.29 of the Revised Code ... |
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Section 5145.18 | Printing or binding.
...ation and correction, the department of public safety in connection with the registration of motor vehicles, and for any other purpose authorized by division (B) of section 5145.03 and by sections 5145.16 and 5145.161 of the Revised Code. |
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Section 5145.21 | Arrest and return of escaped prisoner.
...The warden of a state correctional institution shall arrest and again commit to the institution a convict who escapes from the institution and is found at large, whether the term for which he was sentenced to imprisonment has expired. |
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Section 5145.22 | Record of vital statistics and medical records.
...(A) A physician, clinical nurse specialist, or certified nurse practitioner who is designated by the department of rehabilitation and correction shall keep a correct record of vital statistics of the penitentiary, containing the name, nationality or race, weight, stature, former occupation, and family history of each prisoner, a statement of the condition of the heart, lungs, and other leading organs, rate of the pul... |
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Section 5145.24 | Administrative release for certain escapees.
...(A) The director of rehabilitation and correction may grant an administrative release, as defined in section 2967.01 of the Revised Code, to a prisoner who escaped from a state correctional institution and whose whereabouts are unknown when both of the following apply: (1) The ninetieth anniversary of the prisoner's birth has passed; (2) A period of at least twenty years has passed since the date of the prisoner's ... |
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Section 5145.27 | Prohibited acts.
...No officer of employee of a state correctional institution, contractor, or the employee of such contractor, shall make a present to, receive a present from, or have barter or dealings with a convict. An officer shall not receive compensation for his services other than that prescribed by law, or for an act or service which he performs for or on behalf of a contractor, or the agent, or employee of such contractor.... |
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Section 5145.28 | Participation in research program.
...With the approval of the director of rehabilitation and correction, convicts in state correctional institutions may voluntarily participate, as research subjects, in medical research programs approved by the director. Any remuneration received from a researcher for participation by convict volunteer research subjects shall be paid into the prisoner's aid fund to provide books and other educational materials for the i... |
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Section 5145.30 | Exercise activity and equipment - clothing.
...(A) As used in this section: (1) Free weight exercise equipment means any equipment or device that is designed to increase the muscle mass and physical strength of the person using it. Free weight exercise equipment includes, but is not limited to, barbells, dumbbells, weight plates, and similar free weight-type equipment and other devices that the department of rehabilitation and correction, in rules adopted under ... |
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Section 5145.31 | Improper internet access - state penitentiary.
...(A) As used in this section, "computer," "computer network," "computer system," "computer services," "telecommunications service," and "information service" have the same meanings as in section 2913.01 of the Revised Code. (B) No officer or employee of a correctional institution under the control or supervision of the department of rehabilitation and correction shall provide a prisoner access to or permit a prisone... |