As Introduced

132nd General Assembly

Regular Session H. B. No. 117

2017-2018

Representatives Huffman, Brenner

Cosponsors: Representatives Sprague, Butler, Vitale, Seitz, Manning, Antani, Slaby, Arndt, Johnson, T., Rezabek, West

A BILL

To amend sections 2929.16 and 2929.26 and to enact sections 341.43, 753.34, and 5145.33 of the Revised Code to establish a statewide pilot program for the provision of long-acting opioid antagonist therapy for offenders convicted of an opioid-related offense who will be released from confinement on supervised release, and to specify that the therapy is to be provided during both their confinement and their supervised release.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2929.16 and 2929.26 be amended and sections 341.43, 753.34, and 5145.33 of the Revised Code be enacted to read as follows:

Sec. 341.43. (A) As used in this section:

(1) "County correctional facility" has the same meaning as in section 341.42 of the Revised Code.

(2) "Opioid-related offense" has the same meaning as in section 5145.33 of the Revised Code.

(B) Section 5145.33 of the Revised Code applies with respect to all offenders confined in a county correctional facility under a sentence of not less than thirty days imposed for an opioid-related offense.

Sec. 753.34. (A) As used in this section:

(1) "Municipal correctional facility" has the same meaning as in section 753.32 of the Revised Code.

(2) "Opioid-related offense" has the same meaning as in section 5145.33 of the Revised Code.

(B) Section 5145.33 of the Revised Code applies with respect to all offenders confined in a municipal correctional facility under a sentence of not less than thirty days imposed for an opioid-related offense.

Sec. 2929.16. (A) Except as provided in this division, the court imposing a sentence for a felony upon an offender who is not required to serve a mandatory prison term may impose any community residential sanction or combination of community residential sanctions under this section. The court imposing a sentence for a fourth degree felony OVI offense under division (G)(1) or (2) of section 2929.13 of the Revised Code or for a third degree felony OVI offense under division (G)(2) of that section may impose upon the offender, in addition to the mandatory term of local incarceration or mandatory prison term imposed under the applicable division, a community residential sanction or combination of community residential sanctions under this section, and the offender shall serve or satisfy the sanction or combination of sanctions after the offender has served the mandatory term of local incarceration or mandatory prison term required for the offense. Community residential sanctions include, but are not limited to, the following:

(1) A term of up to six months at a community-based correctional facility that serves the county;

(2) Except as otherwise provided in division (A)(3) of this section and subject to division (D) of this section, a term of up to six months in a jail;

(3) If the offender is convicted of a fourth degree felony OVI offense and is sentenced under division (G)(1) of section 2929.13 of the Revised Code, subject to division (D) of this section, a term of up to one year in a jail less the mandatory term of local incarceration of sixty or one hundred twenty consecutive days of imprisonment imposed pursuant to that division;

(4) A term in a halfway house;

(5) A term in an alternative residential facility.

(B) The court that assigns any offender convicted of a felony to a residential sanction under this section may authorize the offender to be released so that the offender may seek or maintain employment, receive education or training, or receive treatment. A release pursuant to this division shall be only for the duration of time that is needed to fulfill the purpose of the release and for travel that reasonably is necessary to fulfill the purposes of the release.

(C) If the court assigns an offender to a county jail that is not a minimum security misdemeanant jail in a county that has established a county jail industry program pursuant to section 5147.30 of the Revised Code, the court shall specify, as part of the sentence, whether the sheriff of that county may consider the offender for participation in the county jail industry program. During the offender's term in the county jail, the court shall retain jurisdiction to modify its specification upon a reassessment of the offender's qualifications for participation in the program.

(D) If a court sentences an offender to a term in jail under division (A)(2) or (3) of this section and if the sentence is imposed for a felony of the fourth or fifth degree that is not an offense of violence, the court may specify that it prefers that the offender serve the term in a minimum security jail established under section 341.34 or 753.21 of the Revised Code. If the court includes a specification of that type in the sentence and if the administrator of the appropriate minimum security jail or the designee of that administrator classifies the offender in accordance with section 341.34 or 753.21 of the Revised Code as a minimal security risk, the offender shall serve the term in the minimum security jail established under section 341.34 or 753.21 of the Revised Code. Absent a specification of that type and a finding of that type, the offender shall serve the term in a jail other than a minimum security jail established under section 341.34 or 753.21 of the Revised Code.

(E) If a person who has been convicted of or pleaded guilty to a felony is sentenced to a community residential sanction as described in division (A) of this section, at the time of reception and at other times the person in charge of the operation of the community-based correctional facility, jail, halfway house, alternative residential facility, or other place at which the offender will serve the residential sanction determines to be appropriate, the person in charge of the operation of the community-based correctional facility, jail, halfway house, alternative residential facility, or other place may cause the convicted offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and other contagious diseases. The person in charge of the operation of the community-based correctional facility, jail, halfway house, alternative residential facility, or other place at which the offender will serve the residential sanction may cause a convicted offender in the community-based correctional facility, jail, halfway house, alternative residential facility, or other place who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.

(F)(1) As used in division (F)(2) of this section, "opioid-related offense" and "supervised release" have the same meanings as in section 5145.33 of the Revised Code.

(2) Section 5145.33 of the Revised Code applies with respect to all offenders who are sentenced to a community residential sanction under this section and to supervised release upon their release from that community residential sanction.

Sec. 2929.26. (A) Except when a mandatory jail term is required by law, the court imposing a sentence for a misdemeanor, other than a minor misdemeanor, may impose upon the offender any community residential sanction or combination of community residential sanctions under this section. Community residential sanctions include, but are not limited to, the following:

(1) A term of up to one hundred eighty days in a halfway house or community-based correctional facility or a term in a halfway house or community-based correctional facility not to exceed the longest jail term available for the offense, whichever is shorter, if the political subdivision that would have responsibility for paying the costs of confining the offender in a jail has entered into a contract with the halfway house or community-based correctional facility for use of the facility for misdemeanor offenders;

(2) If the offender is an eligible offender, as defined in section 307.932 of the Revised Code, a term in a community alternative sentencing center or district community alternative sentencing center established and operated in accordance with that section, in the circumstances specified in that section, with one of the conditions of the sanction being that the offender successfully complete the portion of the sentence to be served in the center.

(B) A sentence to a community residential sanction under division (A)(2) of this section shall be in accordance with section 307.932 of the Revised Code. In all other cases, the court that sentences an offender to a community residential sanction under this section may do either or both of the following:

(1) Permit the offender to serve the offender's sentence in intermittent confinement, overnight, on weekends or at any other time or times that will allow the offender to continue at the offender's occupation or care for the offender's family;

(2) Authorize the offender to be released so that the offender may seek or maintain employment, receive education or training, receive treatment, perform community service, or otherwise fulfill an obligation imposed by law or by the court. A release pursuant to this division shall be only for the duration of time that is needed to fulfill the purpose of the release and for travel that reasonably is necessary to fulfill the purposes of the release.

(C) The court may order that a reasonable portion of the income earned by the offender upon a release pursuant to division (B) of this section be applied to any financial sanction imposed under section 2929.28 of the Revised Code.

(D) No court shall sentence any person to a prison term for a misdemeanor or minor misdemeanor or to a jail term for a minor misdemeanor.

(E) If a court sentences a person who has been convicted of or pleaded guilty to a misdemeanor to a community residential sanction as described in division (A) of this section, at the time of reception and at other times the person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction determines to be appropriate, the person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place may cause the convicted offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including, but not limited to, hepatitis A, B, and C, and other contagious diseases. The person in charge of the operation of the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place at which the offender will serve the residential sanction may cause a convicted offender in the halfway house, community alternative sentencing center, district community alternative sentencing center, or other place who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including, but not limited to, hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.

(F) A political subdivision may enter into a contract with a halfway house for use of the halfway house to house misdemeanor offenders under a sanction imposed under division (A)(1) of this section.

(G)(1) As used in division (G)(2) of this section, "opioid-related offense" and "supervised release" have the same meanings as in section 5145.33 of the Revised Code.

(2) Section 5145.33 of the Revised Code applies with respect to all offenders who are sentenced to a community residential sanction of not less than thirty days under this section and to supervised release upon their release from that community residential sanction.

Sec. 5145.33. (A) As used in this section:

(1) "Board of alcohol, drug addiction, and mental health services" has the same meaning as in section 5119.90 of the Revised Code.

(2) "Chief community residential facility official" means the person responsible for the operation of a community residential facility.

(3) "Chief corrections official" means the person responsible for the operation of a state or local correctional facility, whichever is applicable.

(4) "Community residential facility" means a community-based correctional facility, a jail, a halfway house, or an alternative residential facility to which an offender has been sentenced under a community residential sanction imposed under section 2929.16 or 2929.26 of the Revised Code.

(5) "County correctional facility" has the same meaning as in section 341.42 of the Revised Code.

(6) "Eligible offender" means an offender to whom either of the following applies:

(a) The offender is confined in a state correctional facility or a community residential facility for felons, under a sentence imposed for an opioid-related offense that is a felony.

(b) The offender is confined in a local correctional facility or a community residential facility for misdemeanants, under a sentence of not less than thirty days imposed for an opioid-related offense that is a misdemeanor.

(7) "Local correctional facility" means a county correctional facility or a municipal correctional facility.

(8) "Long-acting opioid antagonist therapy" means treatment through the use of naltrexone or another opioid receptor antagonist and the provision of therapy components.

(9) "Municipal correctional facility" has the same meaning as in section 753.32 of the Revised Code.

(10) "Opiate" has the same meaning as in section 3719.01 of the Revised Code.

(11) "Opioid-related offense" means any of the following offenses that an offender is convicted of or pleads guilty to committing:

(a) An offense that the sentencing court indicates in the record of conviction relates to, or was committed as a result of, the offender's addiction to an opiate or opioid;

(b) An offense for which the sentencing court indicates in the record of conviction that the offender's addiction to an opiate or opioid was a factor leading to the offender's commission of the offense.

(c) An offense for which the offender is sentenced to confinement in a state or local correctional facility, if the chief corrections official of the facility determines that the offender's addiction to an opiate or opioid was a factor leading to the offender's commission of the offense.

(12) "Pilot program" means the pilot program established under division (B) of this section for the provision of long-acting opioid antagonist therapy to eligible offenders who are convicted of or plead guilty to an opioid-related offense.

(13) "State correctional facility" means a state correctional institution, as defined in section 2967.01 of the Revised Code.

(14) "Supervised release" means the release of an eligible offender confined for an opioid-related offense to which both of the following apply:

(a) The offender's release is under post-release control or transitional control, is granted under section 2929.20 or 2967.19 of the Revised Code, is under a community nonresidential sanction imposed under section 2929.17 or 2929.27 of the Revised Code as part of a sentence including a community residential sanction imposed under section 2929.16 or 2929.26 of the Revised Code or in substitution for a jail term under division (H) of section 2929.24 of the Revised Code, is under parole or conditional probation, or is another type of release other than final release.

(b) The release requires the offender to report to or be supervised by a parole officer, a probation officer, a field officer, or another type of supervising officer.

(15) "Supervising authority" means the entity or person that administers and supervises the supervised release of an eligible offender.

(B) There is hereby established, on July 1, 2018, a statewide pilot program for the provision of long-acting opioid antagonist therapy to eligible offenders who are confined for an opioid-related offense in a state correctional facility, a local correctional facility, or a community residential program and who will be released from confinement on supervised release. The pilot program shall operate with regard to those offenders while they are confined in the state or local correctional facility or the community residential facility under that sentence and upon their release. The pilot program shall operate at least until December 31, 2020, and not later than June 30, 2023, determined as provided in division (H) of this section.

(C) A court that sentences an offender for an offense and that determines either of the following shall indicate the determination in the record of conviction for the offender:

(1) That the offense relates to, or was committed as a result of, the offender's addiction to an opiate or opioid;

(2) That the offender's addiction to an opiate or opioid was a factor leading to the offender's commission of the offense.

(D) After the establishment of the pilot program, the chief corrections official of each state or local correctional facility or the official's designee, and the chief community residential facility official of each community residential facility or the official's designee, shall inform each eligible offender who is confined in the official's facility and who will be released from the confinement on supervised release of the program and its benefits. Each of those offenders shall be offered, prior to the release, the opportunity to participate in the program. An offender who is offered the opportunity to participate in the pilot program may elect to participate or may decline participation in the program. In informing an offender of the program and its benefits, the chief corrections official or designee, or the chief community residential facility official or designee, whichever is applicable, shall provide the offender with detailed information about the specifics of long-acting opioid antagonist therapy, including the manner in which the therapy and treatment under it works and the expected results of the therapy.

(E) If an eligible offender elects to participate in the pilot program, the offender shall be provided long-acting opioid antagonist therapy for at least thirty days before the offender's release from the state or local correctional facility or community residential facility. The naltrexone or another opioid receptor antagonist used in the therapy shall be provided to the offender by injection, in pill form, or in other medically acceptable means not later than thirty days prior to the offender's release. The cost of the long-acting opioid antagonist therapy provided to offenders while they are confined in the facility shall be paid by the state.

(F) If an eligible offender confined in a state or local correctional facility or in a community residential facility that is operated by a governmental entity elects to participate in the pilot program, the chief corrections official or chief community residential facility official of the applicable facility, or the official's designee, shall comply with divisions (F)(1) to (5) of this section. If an offender confined in a community residential facility that is not operated by a governmental entity elects to participate in the pilot program, the chief community residential facility official of the applicable facility or the official's designee shall notify the court that sentenced the offender of that election and the court shall comply with divisions (F)(1) to (5) of this section. An official or court required to comply with divisions (F)(1) to (5) of this section shall do all of the following prior to the offender's release from confinement:

(1) In consultation with the entity or person that will be the supervising authority for the offender, establish terms and conditions for the offender's participation in the program. The terms and conditions for participation in the program shall include, but are not limited to, a schedule for the offender to receive upon release treatment with naltrexone or another opioid receptor antagonist by injection, in pill form, or in other medically acceptable means and the therapy components of the long-acting opioid antagonist therapy, and a requirement that the offender receive the treatment with naltrexone or another opioid receptor antagonist and the therapy components in accordance with that schedule. The terms and conditions for participation in the program shall serve as terms and conditions of the offender's supervised release and shall apply to the offender for the period of that supervised release.

(2) Inform the offender about the medicaid program and the possibility of obtaining treatment with naltrexone or another opioid receptor antagonist through the program after release;

(3) Determine if the offender was a medicaid recipient immediately prior to being confined in the facility and, based on the determination, do whichever of the following is applicable:

(a) If the offender was a medicaid recipient, inform the offender about the operation of section 5163.45 of the Revised Code;

(b) If the offender was not a medicaid recipient, refer the offender to either or both of the following as appropriate:

(i) The department of medicaid if the department accepts medicaid applications under section 5160.30 of the Revised Code;

(ii) The agency, if any, authorized by an agreement entered into under division (B) of section 5160.30 of the Revised Code to accept applications for the medicaid program.

(4) Obtain from the offender the address of the offender's expected future residence;

(5) Provide the offender with contact information for the board of alcohol, drug addiction, and mental health services that serves the county in which the offender's expected place of residence is located, and inform the offender that upon release the offender should be able to receive long-acting opioid antagonist therapy required under the program at a facility operated by the board or by an entity with which the board has contracted. Contact information provided under this division shall include at least the name and address of, and a telephone number for, the board.

(G)(1) Each board of alcohol, drug addiction, and mental health services shall establish a procedure for providing long-acting opioid antagonist therapy to eligible offenders who are participating in the pilot program and who reside in the territory served by the board.

(2) If an eligible offender elects to participate in the pilot program, after the offender is released from confinement in the state or local correctional facility or the community residential facility, the offender shall obtain the offender's long-acting opioid antagonist therapy from the board of alcohol, drug addiction, and mental health services that serves the county in which the offender resides. The therapy shall be obtained at a facility operated by the board or by an entity with which the board has contracted to provide the therapy under the program. The cost of the therapy shall be paid through the medicaid program or by other health insurance that covers the offender.

(H)(1) If an eligible offender who elects to participate in the pilot program has not provided the address of the offender's expected future residence to the chief corrections official of the state or local correctional facility or chief community residential facility official, whichever is applicable, or the official's designee by the time of the offender's release from confinement in the facility, or if the offender changes the offender's residence address after that release, the offender promptly shall provide the offender's supervising authority and the facility with the offender's residence address and telephone number.

(2) If an eligible offender elects to participate in the pilot program, a failure of the offender to comply with the terms and conditions established under division (F)(1) of this section for the offender's participation in the program shall constitute a violation of the offender's supervised release.

(I) During the pilot program's operation, commencing July 1, 2018, the department of rehabilitation and correction shall evaluate the program and its rate of success. All county correctional facilities, all municipal correctional facilities, all chief corrections officials of such facilities, all community residential facilities, all chief community residential facility officials, and all legislative authorities that pay the cost of operation of a county correctional facility, a municipal correctional facility, or a community residential facility shall cooperate with the department in its evaluation of the pilot program. The department shall prepare a report containing its evaluation, its findings, and recommendations for changes in the program and, not later than January 1, 2020, shall provide copies of the report to the speaker and minority leader of the house of representatives, the president and minority leader of the senate, and the governor.

Unless the general assembly, not later than July 1, 2020, enacts legislation that extends the operation of the pilot program for an additional thirty months, the pilot program shall terminate on December 31, 2020. However, if the program terminates on that date, notwithstanding that termination, any offender who commenced participation in the program prior to that date shall continue in the program under the terms and conditions established under division (F)(1) of this section for the offender's participation in the program. If the general assembly, not later than July 1, 2020, enacts legislation that extends the operation of the pilot program for an additional thirty months, the pilot program shall continue until June 30, 2023. Notwithstanding the ending of the program, any eligible offender who commenced participation in the program prior to that date shall continue in the program under the terms and conditions established under division (F)(1) of this section for the offender's participation in the program. In enacting the legislation, the general assembly may modify the provisions of this section. Any modifications made shall apply to the pilot program during the additional thirty-month period.

Section 2. That existing sections 2929.16 and 2929.26 of the Revised Code are hereby repealed.

Section 3. Sections 341.43, 753.34, 2929.16, 2929.26, and 5145.33 of the Revised Code, as amended in Sections 1 and 2 of this act or as enacted in Section 1 of this act, shall take effect on January 1, 2018.