Ohio § 2967.14

§ 2967.14.

(A) As used in this section: (1) “School” has the same meaning as in section 2925.01 of the Revised Code . (2) “Child care center” has the same meaning as in section 5104.01 of the Revised Code . (B) The department of rehabilitation and correction or the adult parole authority may

require or allow a parolee, a releasee, or a prisoner otherwise released from a state

correctional institution to reside in a halfway house or other suitable community

residential center that has been licensed by the division of parole and community

services pursuant to division (D) of this section during a part or for the entire

period of the offender's or parolee's conditional release or of the releasee's term

of post-release control.  The court of common pleas that placed an offender under a sanction consisting of

a term in a halfway house or in an alternative residential sanction may require the

offender to reside in a halfway house or other suitable community residential center

that is designated by the court and that has been licensed by the division pursuant

to division (D) of this section during a part or for the entire period of the offender's

residential sanction. (C) The division of parole and community services may negotiate and enter into agreements

with any public or private agency or a department or political subdivision of the

state that operates a halfway house, reentry center, or community residential center

that has been licensed by the division pursuant to division (D) of this section.  An agreement under this division shall provide for the purchase of beds, shall set

limits of supervision and levels of occupancy, and shall determine the scope of services

for all eligible offenders, including those subject to a residential sanction, as

defined in rules adopted by the director of rehabilitation and correction in accordance

with Chapter 119. of the Revised Code, or those released from prison without supervision.  The payments for beds and services shall not exceed the total operating costs of

the halfway house, reentry center, or community residential center during the term

of an agreement.  The director of rehabilitation and correction shall adopt rules in accordance with

Chapter 119. of the Revised Code for determining includable and excludable costs and

income to be used in computing the agency's average daily per capita costs with its

facility at full occupancy. The director of rehabilitation and correction shall adopt rules providing for the

use of no more than fifteen per cent of the amount appropriated to the department

each fiscal year for the halfway house, reentry center, and community residential

center program to pay for contracts with licensed halfway houses for nonresidential

services for offenders under the supervision of the adult parole authority, including

but not limited to, offenders supervised pursuant to an agreement entered into by

the adult parole authority and a court of common pleas under section 2301.32 of the Revised Code .  The nonresidential services may include, but are not limited to, treatment for substance

abuse, mental health counseling, counseling for sex offenders, electronic monitoring

services, aftercare, and other nonresidential services that the director identifies

by rule. (D) The division of parole and community services may license a halfway house, reentry

center, or community residential center as a suitable facility for the care and treatment

of adult offenders, including offenders sentenced under section 2929.16 or 2929.26 of the Revised Code , only if the halfway house, reentry center, or community residential center does

not operate within five hundred feet of a school or child care center, except as provided

in division (F) of this section, and complies with the standards that the division

adopts in accordance with Chapter 119. of the Revised Code for the licensure of halfway

houses, reentry centers, and community residential centers.  The division shall annually inspect each licensed halfway house, licensed reentry

center, and licensed community residential center to determine if it is in compliance

with the licensure standards. (E) The division of parole and community services may expend up to one-half per cent

of the annual appropriation made for halfway house programs, for goods or services

that benefit those programs. (F) The requirement in division (D) of this section that a halfway house, reentry center,

or community residential center not operate within five hundred feet of a school or

child care center does not apply to either of the following: (1) A halfway house, reentry center, or community residential center that, prior to the

effective date of this amendment, has operated within five hundred feet of a school

or child care center; (2) A halfway house, reentry center, or community residential center that was licensed

and operating prior to a school or child care center locating within five hundred

feet of the halfway house, reentry center, or community residential center.