Ohio Code 5120.038 – GPS monitoring of offenders
(A) As used in this section, “GPS-monitored offender” means an offender who, on or after the effective date of this section, is released from confinement in a state correctional institution under a conditional pardon, parole, other form of authorized release, or transitional control that includes global positioning system monitoring as a condition of the person‘s release, or who, on or after that date, is placed under post-release control that includes global positioning system monitoring as a condition under the post-release control.
Terms Used In Ohio Code 5120.038
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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
- Minority leader: See Floor Leaders
- 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
- Subpoena: A command to a witness to appear and give testimony.
(B) Not later than June 30, 2019, the department of rehabilitation and correction shall study the feasibility of contracting with a third-party contract administrator for global position system monitoring that would include a crime scene correlation program that could interface by link with a statewide database for GPS-monitored offenders. The study also shall analyze the use of GPS monitoring as a supervision tool. In conducting the study, the department shall consider all of the following factors:
(1) The ability of the department or another state entity to establish and operate a statewide internet database of GPS-monitored offenders and the specific information that such a database could include.
(2) The capability for a GPS monitoring system run by a third-party contract administrator to include a crime scene correlation program that interfaces by link with a statewide database of GPS-monitored offenders.
(3) The ability of local law enforcement representatives to remotely search a statewide internet database of GPS-monitored offenders that is linked with a crime scene correlation program.
(4) The capability for a GPS monitoring system with crime scene correlation features to allow local law enforcement representatives without a subpoena or warrant to access information contained in the crime scene correlation program about a GPS-monitored offender, including the offender’s current location, the offender’s location at previous points in time, the location of recent criminal activity in or near the offender’s inclusionary or exclusionary zones included as restrictions under the offender’s supervision, and any possible connection between the offender’s location and that recent criminal activity.
(5) The ability of law enforcement representatives to obtain, without a warrant or subpoena, information about a GPS-monitored offender from either an employee of the department or a third-party contract administrator who is monitoring the offender, including information of the types listed in division (B)(4) of this section.
(6) The types of offenders for whom GPS monitoring would be beneficial, the appropriate length for monitoring, and the costs related to GPS monitoring.
(C) Upon completion of the study specified in division (B) of this section, the department shall submit copies of the study to the president and minority leader of the senate, the speaker and minority leader of the house of representatives, and the governor.