Subject: Analysis of Ohio House Bill No. 23, creating the Escaped Convict Alert Program
Summary:
Ohio House Bill No. 23 (HB 23) proposes the creation of a statewide “escaped convict alert program” in Ohio, codified as section 5502.54 of the Revised Code. The program aims to facilitate the rapid identification and location of individuals who have escaped from correctional facilities while incarcerated for, or awaiting trial for, felony offenses. The bill outlines the conditions for activating the alert program, provides liability protection for participating media outlets, and clarifies that it does not authorize the use of the federal Emergency Alert System (EAS) unless otherwise federally authorized.
Key Themes and Ideas:
- Creation of a Statewide Alert Program: The central purpose of the bill is to establish a standardized statewide system dedicated to alerting the public about escaped felony convicts. This is highlighted in the core statement: “The escaped convict alert program is created to aid in the identification and location of any person who was convicted of or pleaded guilty to a felony offense… who has escaped from a jail, workhouse, or correctional institution…”
- Trigger for Activation: The bill stipulates that a law enforcement agency can activate the program upon receiving notice of an escape under existing sections of the Revised Code (341.011, 753.19, or 5120.14). Specifically, activation is permissible when a person “was convicted of or pleaded guilty to a felony offense or was indicted or otherwise charged with the commission of a felony offense.” This emphasizes that the program is geared towards individuals with a demonstrated or alleged involvement in serious crimes.
- Relationship to Local/Regional Alerts: The bill acknowledges the existence and autonomy of local or regional alert programs. Section (C) states, “Nothing in division (B) of this section prevents the activation of a local or regional alert program that may impose different criteria for the activation of a local or regional alert.” This suggests that HB 23 aims to create a baseline statewide system without superseding or interfering with existing, potentially more tailored, local efforts.
- Liability Protection for Media Outlets: A significant provision of the bill offers legal protection to participating media outlets (radio, television, and cable) and their personnel. Section (D) states that they “shall not be liable to any person for damages for any loss allegedly caused by or resulting from the station’s or system’s broadcast or cablecast of, or failure to broadcast or cablecast, any information pursuant to the escaped convict alert program or the local or regional alert program.” This protection likely aims to encourage media participation by mitigating the risk of lawsuits arising from the broadcast of alert information, whether accurate or not.
- Restrictions on Using the Federal Emergency Alert System: The bill explicitly prohibits the use of the federal Emergency Alert System (EAS) unless specifically authorized by federal law. Section (E) clearly states: “Nothing in this section shall be construed to authorize the use of the federal emergency alert system unless otherwise authorized by federal law.” This clarifies the scope of the program and ensures compliance with federal regulations regarding the EAS.
Important Considerations:
- Definition of “Law Enforcement Agency”: The bill defines “law enforcement agency” using existing language from section 2901.01 of the Revised Code. This ensures a consistent and legally established understanding of which entities are authorized to activate the alert program.
- Scope and Reach: The bill focuses on escaped convicts who were incarcerated or awaiting adjudication for felony offenses. This focus suggests a prioritization of public safety concerns related to more serious offenders.
- Impact on Local Resources: The bill empowers local and regional alert systems, therefore, the impact of a statewide system may be tempered by existing procedures.