Ohio Code 9.08 – Improper internet access – private correctional facilities
(A) As used in this section:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor of the first degree | up to 180 days | up to $1,000 |
Terms Used In Ohio Code 9.08
- Contract: A legal written agreement that becomes binding when signed.
- Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) “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.
(2) “Contractor” means either of the following:
(a) A person who enters into a contract under section 9.06 of the Revised Code.
(b) A person who enters into a contract under section 9.07 of the Revised Code to operate and manage a correctional facility in this state for out-of-state prisoners.
(3) “Private correctional facility” means a correctional facility that is operated by a contractor under a contract pursuant to section 9.06 or 9.07 of the Revised Code.
(B) No officer or employee of a contractor who is operating and managing a private correctional facility shall provide a prisoner in the private correctional facility access to or permit a prisoner in the private correctional facility to have access to the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply:
(1) The prisoner is accessing the internet solely for a use or purpose approved by the managing officer of that prisoner’s institution or by the managing officer’s designee.
(2) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code.
(C)(1) No prisoner in a private correctional facility shall access the internet through the use of a computer, computer network, computer system, computer services, telecommunications service, or information service unless both of the following apply:
(a) The prisoner is accessing the internet solely for a use or purpose approved by the managing officer of that prisoner’s institution or by the managing officer’s designee.
(b) The provision of and access to the internet is in accordance with rules promulgated by the department of rehabilitation and correction pursuant to section 5120.62 of the Revised Code.
(2) Whoever violates division (C)(1) of this section is guilty of improper internet access, a misdemeanor of the first degree.
Last updated July 23, 2021 at 8:11 AM