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Section 5139.43 | Felony delinquent care and custody program.

...w for all youths who do not qualify as public safety beds. The determination of which county a reduction of the care and custody allocation will be charged against shall be made as follows until each youth is released: (1) In the event of a commitment, the reduction shall be charged against the committing county. (2) In the event of a recommitment, the reduction shall be charged against the original committing...

Section 5139.44 | RECLAIM advisory committee.

...LAIM advisory committee until the first meeting of the committee. Upon receipt of the names of the members of the committee, the director shall schedule the initial meeting of the committee that shall take place at an appropriate location in Columbus and occur not later than sixty days after September 26, 2003. The director shall notify the members of the committee of the time, date, and place of the meeting. At the...

Section 5139.50 | Release authority - appointment - duties.

...y and shall neither seek nor hold other public office. The members shall be in the unclassified civil service. (B) A person appointed as a member of the release authority shall have a bachelor's degree from an accredited college or university or equivalent relevant experience and shall have the skills, training, or experience necessary to analyze issues of law, administration, and public policy. The membership of th...

Section 5139.51 | Supervised release or discharge.

...fare of the child and protection of the public, the release authority, without approval of the court that committed the child, may discharge the child from the department's custody and control without placing the child on supervised release. Additionally, the release authority may discharge a child in the department's custody without the child being placed on supervised release if the child is removed from the jurisd...

Section 5139.511 | Verification of identity prior to release.

...(A) Within nine months prior to the release of a youth from a secure facility under the control of the department of youth services if the youth is serving a sentence that is more than one year, or within a reasonable time if the youth is serving a sentence that is less than one year, the department of youth services shall attempt to verify the youth's age and identity in order to satisfy the requirements of section ...

Section 5139.52 | Violating term or condition of supervised release or judicial release.

...(A) At any time during a child's supervised release or during the period of a child's judicial release to department of youth services supervision, if the regional administrator or the employee of the department assigned to supervise and assist the child has reasonable grounds to believe that the child has violated a term or condition of the supervised release or judicial release, the administrator or employee ...

Section 5139.53 | Employees authorized to apprehend violators.

...ousand dollars, conditioned to save the public harmless by reason of the unlawful use of a firearm. A person injured or the family of a person killed by the employee's improper use of a firearm may have recourse on the bond. (E) In addition to the deadly force policy adopted under division (B)(2) of this section, the director of youth services shall establish policies for the carrying and use of firearms by the empl...

Section 5139.54 | Medical release or discharge.

... condition and is no longer a threat to public safety. (3) The child appears to be a person with a mental illness subject to court order, as defined in section 5122.01 of the Revised Code, or a person with an intellectual disability subject to institutionalization by court order, as defined in section 5123.01 of the Revised Code. (B) When considering whether to release or discharge a child under this section for ...

Section 5139.55 | Office of victims' services.

...(A)(1) The office of victims' services is hereby created within the release authority of the department of youth services. The office of victims' services shall provide assistance to victims, victims' representatives, and members of a victim's family. The assistance shall include, but shall not be limited to, all of the following: (a) If the court has provided the name and address of the victims of the child's acts ...

Section 5139.56 | Notice to victim of all release reviews, pending release hearings, supervised release revocation hearings, and discharge reviews.

...his section are confidential, are not a public record, and shall be returned to the release authority at the end of a release hearing by any person who receives a copy of them. At a release hearing before the release authority, a victim or victim's representative may be accompanied by another person for support, but that person shall not act as a victim's representative. The release authority and other employees of ...

Section 5139.85 | Disposing of property of former inmates.

...ion, shall be sold by the department at public auction and the proceeds of the sale delivered to the state treasurer for deposit in the general revenue fund. If the department considers it expedient, it may accumulate the property of several children and sell the property in such lots as it may determine, provided that it makes a determination as to each child's share of the proceeds. (3) If any tangible personal pr...

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...

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...

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.

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...

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 employ...

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, ...

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...

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...

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.

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.

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...

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 ...

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...

Section 5145.162 | Office of enterprise development advisory board.

...the 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 role...

Section 5124.515 | Provider agreement with operator not complying with prior agreement.

...The department of medicaid may enter into a provider agreement as provided in section 5124.07 of the Revised Code, rather than section 5124.511 or 5124.512 of the Revised Code, with an entering operator if the entering operator does not agree to a provider agreement that satisfies the requirements of division (C) of section 5124.513 of the Revised Code. The department may not enter into the provider agreement u...

Section 5124.516 | Medicaid reimbursement adjustments; change of operator.

...The director of developmental disabilities may adopt rules under section 5124.03 of the Revised Code governing adjustments to the medicaid reimbursement rate for an ICF/IID that undergoes a change of operator. No rate adjustment resulting from a change of operator shall be effective before the effective date of the entering operator's provider agreement. This is the case regardless of whether the provider agree...

Section 5124.517 | Determination that a change of operator has or has not occurred; effect.

...The department of developmental disabilities' determination that a change of operator has or has not occurred for purposes of licensure under section 5123.19 of the Revised Code shall not affect either of the following: (A) A determination by the department of developmental disabilities or department of medicaid of whether or when a change of operator occurs; (B) The department of medicaid's determination of ...

Section 5124.52 | Overpayment amounts determined following notice of closure, etc.

...(A) On receipt of a written notice under section 5124.50 of the Revised Code of a facility closure or voluntary termination, on receipt of a written notice under section 5124.51 of the Revised Code of a change of operator, or on the effective date of an involuntary termination, the department of developmental disabilities shall estimate the amount of any overpayments made under the medicaid program to the exiti...

Section 5124.521 | Withholding from medicaid payment due exiting operator.

...ecutes a successor liability agreement meeting the requirements of division (F) of this section: (1) If the exiting operator, entering operator, or affiliated operator assumes liability for the total, actual amount of debt the exiting operator owes the department and the United States centers for medicare and medicaid services under the medicaid program as determined under section 5124.525 of the Revised Code,...

Section 5124.522 | Cost report by exiting operator; waiver.

...(A) Except as provided in division (B) of this section, an exiting operator shall file with the department of developmental disabilities a cost report not later than ninety days after the last day the exiting operator's provider agreement is in effect. The cost report shall cover the period that begins with the day after the last day covered by the operator's most recent previous cost report filed under section...

Section 5124.523 | Failure to file cost report; payments deemed overpayments.

...If an exiting operator required by section 5124.522 of the Revised Code to file a cost report with the department of developmental disabilities fails to file the cost report in accordance with that section, all payments under the medicaid program for the period the cost report is required to cover are deemed overpayments until the date the department receives the properly completed cost report. The department m...

Section 5124.524 | Final payment withheld pending receipt of cost reports.

...The department of developmental disabilities may not provide an exiting operator final payment under the medicaid program until the department receives all properly completed cost reports the exiting operator is required to file under sections 5124.10 and 5124.522 of the Revised Code.

Section 5124.525 | Determination of debt of exiting operator; summary report.

...The department of developmental disabilities shall determine the actual amount of debt an exiting operator owes the department and the United States centers for medicare and medicaid services under the medicaid program by completing all final fiscal audits not already completed and performing all other appropriate actions the department determines to be necessary. The department shall issue an initial debt summ...

Section 5124.526 | Release of amount withheld less amounts owed.

...The department of developmental disabilities shall release the actual amount withheld under division (A) of section 5124.521 of the Revised Code, less any amount the exiting operator owes the department and United States centers for medicare and medicaid services under the medicaid program, as follows: (A) Unless the department issues the initial debt summary report required by section 5124.525 of the Revised...

Section 5124.527 | Release of amount withheld on postponement of change of operator.

...The department of developmental disabilities, at its sole discretion, may release the amount withheld under division (A) of section 5124.521 of the Revised Code if the exiting operator submits to the department written notice of a postponement of a change of operator, facility closure, or voluntary termination and the transactions leading to the change of operator, facility closure, or voluntary termination are...

Section 5124.528 | Disposition of amounts withheld from payment due an exiting operator.

...(A) All amounts withheld under section 5124.521 of the Revised Code from payment due an exiting operator under the medicaid program shall be deposited into the medicaid payment withholding fund created by the controlling board pursuant to section 131.35 of the Revised Code. Money in the fund shall be used as follows: (1) To pay an exiting operator when a withholding is released to the exiting operator under s...

Section 5124.53 | Adoption of rules for implementation of sections 5124.50 to 5124.53.

...The director of developmental disabilities shall adopt rules under section 5124.03 of the Revised Code to implement sections 5124.50 to 5124.53 of the Revised Code. The rules shall specify all of the following: (A) The method by which written notices to the department required by sections 5124.50 to 5124.53 of the Revised Code are to be provided; (B) The forms and documents that are to be provided to the dep...

Section 5124.60 | Conversion of beds to home and community-based services.

...(A) For the purpose of increasing the number of slots available for home and community-based services, the operator of an ICF/IID may convert some or all of the beds in the ICF/IID from providing ICF/IID services to providing home and community-based services if all of the following requirements are met: (1) The operator provides the directors of health and developmental disabilities at least ninety days' notice of ...

Section 5124.61 | Conversion of beds in acquired ICF/IID.

...(A) For the purpose of increasing the number of slots available for home and community-based services, a person who acquires, through a request for proposals issued by the director of developmental disabilities, an ICF/IID for which a residential facility license was previously surrendered or revoked may convert some or all of the ICF/IID's beds from providing ICF/IID services to providing home and community-based se...

Section 5124.62 | Request for federal approval of conversion of beds.

...The director of developmental disabilities may request that the medicaid director seek the approval of the United States secretary of health and human services to increase the number of slots available for home and community-based services by a number not exceeding the number of beds that were part of the licensed capacity of a residential facility that had its license revoked or surrendered under section 5123....

Section 5124.65 | Reconversion of beds to ICF/IID use.

...No person or government entity may reconvert a bed to be used for ICF/IID services if the bed was converted to use for home and community-based services under section 5124.60 or 5124.61 of the Revised Code. This prohibition applies regardless of either of the following: (A) The bed is part of the licensed capacity of a residential facility. (B) The bed has been sold, leased, or otherwise transferred to anoth...

Section 5124.68 | Admission as resident in an ICF/IID with medicaid-certified capacity exceeding eight.

...(A)(1) Except as provided in division (D) of this section, an ICF/IID with a medicaid- certified capacity exceeding eight shall not admit an individual as a resident unless all of the following apply: (a) The provider of the ICF/IID provides written notice about the individual's potential admission, and all information about the individual in the provider's possession, to the county board of developmental disabiliti...

Section 5124.69 | Informational pamphlet.

...(A) The department of developmental disabilities shall develop and make available to all ICFs/IID a written pamphlet that describes all of the items and services covered by medicaid as ICF/IID services and as home and community-based services. The department shall develop the pamphlet in consultation with persons and organizations interested in matters pertaining to individuals eligible for ICF/IID services and home ...

Section 5124.70 | Maximum number of residents per sleeping room.

...(A) This section does not apply to any of the following: (1) An ICF/IID to which both of the following apply: (a) On or before January 1, 2015, the ICF/IID became a downsized ICF/IID or partially converted ICF/IID. (b) On January 1, 2015, the ICF/IID's medicaid-certified capacity was at least twenty per cent less than the greatest medicaid-certified capacity it had before it became a downsized ICF/IID or par...

Section 5124.75 | Conversion of ICF/IID beds to OhioRISE program.

...Notwithstanding any provision of the Revised Code to the contrary, an ICF/IID operator shall not reserve or convert any portion of the ICF/IID's beds from providing ICF/IID services to providing services to individuals receiving services through the Ohio resilience through integrated systems and excellence (OhioRISE) program for children and youth involved in multiple state systems or children and youth with other co...

Section 5124.99 | Penalty for violation of cost reporting provisions.

...Whoever violates section 5124.102 or division (E) of section 5124.08 of the Revised Code shall be fined not less than five hundred dollars nor more than one thousand dollars for the first offense and not less than one thousand dollars nor more than five thousand dollars for each subsequent offense. Fines paid under this section shall be deposited in the state treasury to the credit of the general revenue fund.

Section 5126.01 | County boards of developmental disabilities definitions.

... a developmental disability through any public or private resources, including moneys from the individual, that enhance the individual's reputation in community life and advance the individual's quality of life by doing the following: (a) Providing the support necessary to enable an individual to live in a residence of the individual's choice, with any number of individuals who are not disabled, or with not more th...

Section 5126.011 | Reference to county board.

...Whenever a county board of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to a county board of developmental disabilities.

Section 5126.014 | References to department or director.

...Whenever the department or director of mental retardation and developmental disabilities is referred to or designated in any statute, rule, contract, grant, or other document, the reference or designation shall be deemed to refer to the department or director of developmental disabilities, as the case may be.