Subject: Analysis of Key Provisions in Ohio House Bill 31 (As Introduced)
This briefing document provides an overview of Ohio House Bill 31, as introduced in the 136th General Assembly. The bill proposes amendments to sections 149.43 and 5149.10 of the Revised Code and enacts section 5149.102. The central themes of the bill are to mandate electronic recordings of all parole board proceedings and to modify the list of records exempt from public inspection and copying under Ohio’s Public Records Law.
Main Themes:
- Mandatory Electronic Recording of Parole Proceedings: The bill seeks to require the electronic recording of all proceedings of the parole board. This includes:
- Hearings conducted by the parole board.
- Interviews conducted by a member of the parole board or a hearing officer as part of a hearing.
- Deliberations of the parole board when determining whether to grant or deny parole.
- Proceedings related to determinations regarding the release or continued incarceration of certain offenders under section 2967.271 of the Revised Code.
- The bill amends section 5149.10 of the Revised Code to include this requirement and enacts section 5149.102 to further define the scope and handling of these recordings.
- Amendments to Public Records Exemptions: The bill modifies section 149.43 of the Revised Code, which outlines records that are not considered public records and are thus exempt from public inspection and copying. This involves adding new categories to the list of exemptions.
Most Important Ideas and Facts:
1. Electronic Recording of Parole Proceedings (Section 5149.102):
- Requirement for Electronic Recording: New section 5149.102(B) explicitly states, “The parole board shall ensure that an electronic record is made of all proceedings of the parole board.” This mandates the creation and retention of these recordings.
- Definition of Proceedings: The bill specifies the types of parole board activities that must be recorded, as outlined in the “Main Themes” section above.
- Victim Information Confidentiality: Section 5149.102(C) establishes that any electronic recording of a parole board proceeding is not a public record if its release would create a high probability of disclosing certain personal information of a victim or a member of the victim’s immediate family. This information includes:
- Name
- Address
- Date of birth
- Social security number
- Place of employment
- Telephone number
- Electronic mail address
- “Any other information that is likely to identify the victim or a member of the victim’s immediate family.”
- Redaction for Public Release: The bill allows for the redaction of these confidential details from the electronic recording so that the remaining portions can be considered public records, provided the redaction effectively prevents identification.
2. Amendments to Public Records Exemptions (Section 149.43):
The bill adds several new categories of records to the list of those exempt from public inspection and copying. Some notable additions include:
- (ff) Orders for active military service: “…except that, such order becomes a public record on the day that is fifteen years after the published date…” This creates a delayed public record status for these documents.
- (hh) An individual’s protected health information…and all claims data in another document that reveals the identity of an individual who is the subject of the data or could be used to reveal that individual’s identity; This reinforces the confidentiality of medical information.
- (ii) Any depiction by photograph, film, videotape, or printed or digital image under either of the following circumstances:(i) Depictions of a victim of an offense where release would be “an offensive and objectionable intrusion into the victim’s expectation of bodily privacy and integrity.”
- (ii) Depictions of a victim of a “sexually oriented offense…at the actual occurrence of that offense.” This aims to protect victims from the public dissemination of sensitive and potentially traumatizing visual records.
- (jj) Restricted portions of a body-worn camera or dashboard camera recording; This exemption aligns with the existing complexity surrounding law enforcement recordings and acknowledges the need to protect certain sensitive content.
- (kk) In the case of a fetal-infant mortality review board…records, documents, reports, or other information presented to the board…statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than the biennial reports prepared under section 3738.08 of the Revised Code; This aims to facilitate candid and thorough reviews by these boards by ensuring confidentiality.
- (ll) In the case of a child fatality review board…statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than the report prepared pursuant to division (A) of section 307.626 of the Revised Code; Similar to fetal-infant mortality review boards, this promotes open discussion in child fatality reviews.
- (mm) Except as otherwise provided in division (A)(1)(oo) of this section, telephone numbers for a victim…or a witness to a crime that are listed on any law enforcement record or report. This generally protects the contact information of victims and witnesses.
- (nn) A preneed funeral contract…and contract terms and personally identifying information of a preneed funeral contract… This ensures the privacy of individuals’ funeral arrangements and related personal details.
- (oo) Telephone numbers for a party to a motor vehicle accident…that are listed on any law enforcement record or report, except that the telephone numbers described in this division are not excluded…on and after the thirtieth day after the occurrence of the motor vehicle accident. This provides a temporary protection for contact information in accident reports.
- (pp) Records pertaining to individuals who complete training under section 5502.703 of the Revised Code to be permitted…to convey deadly weapons or dangerous ordnance into a school safety zone; This exemption likely relates to security protocols and the privacy of trained individuals.
- (qq) Records, documents, reports, or other information presented to a domestic violence fatality review board…statements made by board members during board meetings, all work products of the board, and data submitted by the board to the department of health, other than a report prepared pursuant to section 307.656 of the Revised Code; Similar to other review boards, this aims to protect the confidentiality of these proceedings.
- (rr) Records, documents, and information the release of which is prohibited under sections 2930.04 and 2930.07 of the Revised Code; This cross-references existing confidentiality provisions related to victim rights.
- (ss) Records of an existing qualified nonprofit corporation that creates a special improvement district under Chapter 1710. of the Revised Code that do not pertain to a purpose for which the district is created; This limits the public accessibility of a private entity’s records unrelated to the public purpose of the special improvement district.
- (tt) Educational support services data, as defined in section 3319.325 of the Revised Code; This likely aims to protect sensitive student or school-related information.
- (uu) Records of the past, current, and future work schedule of a designated public service worker. As used in division (A)(1)(uu) of this section, “work schedule” does not include the docket of cases of a court, judge, or magistrate; This provision protects the scheduling information of public service workers, likely for safety and operational reasons.
- (vv) A request form or confirmation letter submitted to a public office by a designated public service worker under division (A)(1)(uu) of this section and that, under law, is permanently retained becomes a public record on the day that is seventy-five years after the day on which the record was created, or in the case of a record that is not a public record under division (A)(1)(uu) of this section that is retained, three years after the day on which the record was created… This establishes a delayed public record status for certain records related to the work schedules of designated public service workers.
Definitions:
The bill provides definitions for various terms used within the amended public records section, including:
- “Medical record”
- “Trial preparation record”
- “Intellectual property record”
- “Donor profile record”
- “Designated public service worker” (listing numerous professions, including peace officers, parole officers, correctional employees, firefighters, EMTs, judges, etc.)
- “Designated public service worker residential and familial information” (outlining specific confidential details like home address, phone numbers, family information, and photographs in certain circumstances)
- “Peace officer,” “Correctional employee,” “County or multicounty corrections officer,” “Designated Ohio national guard member,” “Protective services worker,” “Youth services employee,” “Firefighter,” “EMT,” “Investigator of the bureau of criminal identification and investigation,” “Emergency service telecommunicator,” “Forensic mental health provider,” “Mental health evaluation provider,” “Regional psychiatric hospital employee,” “Federal law enforcement officer.”
- “Information pertaining to the recreational activities of a person under the age of eighteen”
- “Community control sanction”
- “Post-release control sanction”
- “Redaction”
- “Designee,” “elected official,” and “future official”
- “Body-worn camera”
- “Dashboard camera”
- “Grievous bodily harm,” “Health care facility,” “Protected health information,” “Law enforcement agency,” “Personal information,” “Sex offense,” “Firefighter,” “paramedic,” and “first responder” (some defined by cross-reference to other sections of the Revised Code or the Code of Federal Regulations).
Repeal of Existing Sections:
Section 2 of the bill explicitly repeals existing sections 149.43 and 5149.10 of the Revised Code, indicating that the new language and provisions within the introduced bill will supersede the current law.
Potential Implications:
- Increased Transparency in Parole: The mandatory recording of parole proceedings could enhance transparency and accountability within the parole system. However, the exceptions for victim information will need careful implementation to balance transparency with privacy rights.
- Expanded Exemptions to Public Records: The numerous additions to the list of public records exemptions will further limit public access to certain types of information held by public offices. This could impact the ability of citizens and journalists to scrutinize government activities in these specific areas.
- Focus on Protecting Vulnerable Individuals: Several new exemptions, particularly those related to victims of crime, minors, and designated public service workers, suggest a legislative intent to enhance the protection of personal and sensitive information for these groups.
- Operational and Logistical Considerations: The mandatory recording of parole proceedings will necessitate investment in equipment, storage, and personnel to manage these recordings. Similarly, public offices will need to adapt their procedures to account for the expanded list of exemptions and the complexities of redaction.
Further Considerations:
- The specific details of how the electronic recordings of parole proceedings will be managed, stored, and accessed (when not exempt) are not fully detailed in the bill and may be subject to further regulation or policy development.
- The practical implications of the expanded public records exemptions for transparency and government oversight will need to be monitored.
- The cost and feasibility of implementing the mandatory recording requirements for the parole board should be assessed.
This briefing document provides a preliminary overview of House Bill 31. Further analysis and consideration of the bill’s potential impacts will be necessary as it progresses through the legislative process.