As Reported by the Senate Ways and Means Committee
131st General Assembly Regular Session Sub. H. B. No. 390 2015-2016
Representatives Schaffer, Retherford
Cosponsors: Representatives Amstutz, Cera, Rogers, Anielski, Antonio, Baker, Boccieri, Brenner, Brown, Buchy, Burkley, Celebrezze, Duffey, Fedor, Ginter, Green, Hagan, Hall, Hambley, Huffman, Lepore-Hagan, Maag, Manning, McClain, McColley, O'Brien, M., Patterson, Perales, Rezabek, Romanchuk, Ryan, Scherer, Schuring, Sears, Slaby, Slesnick, Smith, K., Sprague, Strahorn, Thompson, Young Senators Williams, Beagle
ABILL
To amend sections 103.71, 103.74, 120.33, 122.171, 1 122.85, 124.152, 124.181, 124.382, 126.32, 127.19, 2 181.22, 301.28, 305.31, 305.42, 323.47, 323.73, 3 1303.38, 2303.26, 2327.01, 2327.02, 2327.04, 4 2329.01, 2329.151, 2329.17, 2329.18, 2329.19, 5 2329.20, 2329.21, 2329.26, 2329.271, 2329.28, 6 2329.30, 2329.31, 2329.33, 2329.34, 2329.39, 7 2329.45, 2329.52, 2329.56, 2909.07, 2941.51, 8 3316.042, 3375.404, 3702.511, 4141.25, 4741.11, 9 5145.162, 5302.01, 5537.02, 5721.371, 5721.39, 10 5739.01, 5739.02, and 5747.51, to enact sections 11 122.076, 2308.01, 2308.02, 2308.03, 2308.04, 12 2329.071, 2329.152, 2329.153, 2329.154, 2329.211, 13 2329.311, 2329.312, 3701.981, 4141.251, 5302.31, 14 5721.372, and 5721.373, and to repeal sections 15 324.01, 324.02, 324.021, 324.03, 324.04, 324.05, 16 324.06, 324.07, 324.08, 324.09, 324.10, 324.11, 17 Sub. H. B. No. 390 Page 2 As Reported by the Senate Ways and Means Committee
324.12, and 324.99 of the Revised Code, to amend 18 Sections 207.190, 223.10, 229.10, 245.10, 251.10, 19 257.10, 257.20, 263.50, 263.220, 263.390, 275.10, 20 305.10, 305.30, 305.53, 305.120, 309.10, and 21 379.10 of Am. Sub. H.B. 64 of the 131st General 22 Assembly, to amend Sections 263.10 and 371.10 of 23 Am. Sub. H.B. 64 of the 131st General Assembly, as 24 subsequently amended, to amend Sections 253.120, 25 273.10, 273.30, and 287.10 of Am. Sub. S.B. 260 of 26 the 131st General Assembly, and to amend Sections 27 203.10, 207.10, 207.80, 207.90, 207.100, 207.220, 28 207.240, 207.280, 207.290, 221.10, and 239.10 of 29 S.B. 310 of the 131st General Assembly, and to 30 repeal Section 9 of Sub. H.B. 238 of the 131st 31 General Assembly to provide authorization and 32 conditions for the operation of state programs and 33 to make appropriations. 34
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 103.71, 103.74, 120.33, 35 122.171, 122.85, 124.152, 124.181, 124.382, 126.32, 127.19, 36 181.22, 301.28, 305.31, 305.42, 323.47, 323.73, 1303.38, 2303.26, 37 2327.01, 2327.02, 2327.04, 2329.01, 2329.151, 2329.17, 2329.18, 38 2329.19, 2329.20, 2329.21, 2329.26, 2329.271, 2329.28, 2329.30, 39 2329.31, 2329.33, 2329.34, 2329.39, 2329.45, 2329.52, 2329.56, 40 2909.07, 2941.51, 3316.042, 3375.404, 3702.511, 4141.25, 4741.11, 41 5145.162, 5302.01, 5537.02, 5721.371, 5721.39, 5739.01, 5739.02, 42 and 5747.51 be amended and sections 122.076, 2308.01, 2308.02, 43 2308.03, 2308.04, 2329.071, 2329.152, 2329.153, 2329.154, 44 2329.211, 2329.311, 2329.312, 3701.981, 4141.251, 5302.31, 45 5721.372, and 5721.373 of the Revised Code be enacted to read as 46 follows: 47 Sub. H. B. No. 390 Page 3 As Reported by the Senate Ways and Means Committee
Sec. 103.71. There is hereby created a correctional 48 institution inspection committee as a subcommittee of the 49 legislative service commission. The committee shall consist of 50 eight persons, four of whom shall be members of the senate 51 appointed by the president of the senate, not more than two of 52 whom shall be members of the same political party, and four of 53 whom shall be members of the house of representatives appointed by 54 the speaker of the house of representatives, not more than two of 55 whom shall be members of the same political party. Initial 56 appointments to the committee shall be made within fifteen days 57 after the effective date of this section July 1, 1993, and in the 58 manner prescribed in this section. Thereafter, appointments to the 59 committee shall be made within fifteen days after the commencement 60 of the first regular session of the general assembly and in the 61 manner prescribed in this section. A vacancy on the committee 62 shall be filled for the unexpired term in the same manner as the 63 original appointment. Members of the committee shall serve on the 64 committee until the appointments are made in the first regular 65 session of the following general assembly, unless they cease to be 66 members of the general assembly. The committee, subject to the 67 oversight and direction of the legislative service commission, 68 shall direct the work of the director and staff of the committee. 69
Sec. 103.74. The correctional institution inspection 70 committee may employ a director and any other nonlegal staff, who 71 shall be in the unclassified service of the state, that are 72 necessary for the committee to carry out its duties and may 73 contract for the services of whatever nonlegal technical advisors 74 are necessary for the committee to carry out its duties. The 75 attorney general shall act as legal counsel to the committee. 76
The chairperson and vice-chairperson of the legislative 77 service commission shall fix the compensation of the director. The 78 Sub. H. B. No. 390 Page 4 As Reported by the Senate Ways and Means Committee director, with the approval of the director of the legislative 79 service commission, shall fix the compensation of other staff of 80 the committee in accordance with a salary schedule established by 81 the director of the legislative service commission. Contracts for 82 the services of necessary technical advisors shall be approved by 83 the director of the legislative service commission professional, 84 technical, and clerical employees as are necessary for the 85 committee to be able to successfully and efficiently perform the 86 committee's duties. All employees are in the unclassified service 87 and serve at the committee's pleasure. 88
The committee may contract for the services of persons who 89 are qualified by education and experience to advise, consult with, 90 or otherwise assist the committee in the performance of the 91 committee's duties. 92
The committee, subject to the oversight and direction of the 93 legislative service commission, shall direct the work of the 94 employees. Any decision related to the duties of employees or 95 related to employment shall be made by a majority of the committee 96 unless a majority of the committee is unable to decide a matter, 97 in which case the chairperson shall decide the matter. 98
The general assembly shall biennially appropriate to the 99 correctional institution inspection committee an amount sufficient 100 to enable the committee to perform its duties. Salaries and 101 expenses incurred by the committee shall be paid from that 102 appropriation upon vouchers approved by the chairperson of the 103 committee. 104
Sec. 120.33. (A) In lieu of using a county public defender or 105 joint county public defender to represent indigent persons in the 106 proceedings set forth in division (A) of section 120.16 of the 107 Revised Code, the board of county commissioners of any county may 108 adopt a resolution to pay counsel who are either personally 109 Sub. H. B. No. 390 Page 5 As Reported by the Senate Ways and Means Committee selected by the indigent person or appointed by the court. The 110 resolution shall include those provisions the board of county 111 commissioners considers necessary to provide effective 112 representation of indigent persons in any proceeding for which 113 counsel is provided under this section. The resolution shall 114 include provisions for contracts with any municipal corporation 115 under which the municipal corporation shall reimburse the county 116 for counsel appointed to represent indigent persons charged with 117 violations of the ordinances of the municipal corporation. 118
(1) In a county that adopts a resolution to pay counsel, an 119 indigent person shall have the right to do either of the 120 following: 121
(a) To select the person's own personal counsel to represent 122 the person in any proceeding included within the provisions of the 123 resolution; 124
(b) To request the court to appoint counsel to represent the 125 person in such a proceeding. 126
(2) The court having jurisdiction over the proceeding in a 127 county that adopts a resolution to pay counsel shall, after 128 determining that the person is indigent and entitled to legal 129 representation under this section, do either of the following: 130
(a) By signed journal entry recorded on its docket, enter the 131 name of the lawyer selected by the indigent person as counsel of 132 record; 133
(b) Appoint counsel for the indigent person if the person has 134 requested the court to appoint counsel and, by signed journal 135 entry recorded on its dockets, enter the name of the lawyer 136 appointed for the indigent person as counsel of record. 137
(3) The board of county commissioners shall establish a 138 schedule of fees by case or on an hourly basis to be paid to 139 counsel for legal services provided pursuant to a resolution 140 Sub. H. B. No. 390 Page 6 As Reported by the Senate Ways and Means Committee adopted under this section. Prior to establishing the schedule, 141 the board of county commissioners shall request the bar 142 association or associations of the county to submit a proposed 143 schedule for cases other than capital cases. The schedule 144 submitted shall be subject to the review, amendment, and approval 145 of the board of county commissioners, except with respect to 146 capital cases. With respect to capital cases, the schedule shall 147 provide for fees by case or on an hourly basis to be paid to 148 counsel in the amount or at the rate set by the supreme court 149 capital case attorney fee council pursuant to division (D) of this 150 section, and the board of county commissioners shall approve that 151 amount or rate. 152
(4) Counsel selected by the indigent person or appointed by 153 the court at the request of an indigent person in a county that 154 adopts a resolution to pay counsel, except for counsel appointed 155 to represent a person charged with any violation of an ordinance 156 of a municipal corporation that has not contracted with the county 157 commissioners for the payment of appointed counsel, shall be paid 158 by the county and shall receive the compensation and expenses the 159 court approves. With respect to capital cases, the court shall 160 approve compensation and expenses in accordance with the amount or 161 at the rate set by the supreme court capital case attorney fee 162 council pursuant to division (D) of this section. Each request for 163 payment shall be accompanied by a financial disclosure form and an 164 affidavit of indigency that are completed by the indigent person 165 on forms prescribed by the state public defender. Compensation and 166 expenses shall not exceed the amounts fixed by the board of county 167 commissioners in the schedule adopted pursuant to division (A)(3) 168 of this section. No court shall approve compensation and expenses 169 that exceed the amount fixed pursuant to division (A)(3) of this 170 section. 171
The fees and expenses approved by the court shall not be 172 Sub. H. B. No. 390 Page 7 As Reported by the Senate Ways and Means Committee taxed as part of the costs and shall be paid by the county. 173 However, if the person represented has, or may reasonably be 174 expected to have, the means to meet some part of the cost of the 175 services rendered to the person, the person shall pay the county 176 an amount that the person reasonably can be expected to pay. 177 Pursuant to section 120.04 of the Revised Code, the county shall 178 pay to the state public defender a percentage of the payment 179 received from the person in an amount proportionate to the 180 percentage of the costs of the person's case that were paid to the 181 coun