As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 316


REPRESENTATIVES Wolpert, McGregor, Hughes, Reidelbach, Cirelli, Raussen, Kearns, Williams, Latta, Brinkman, Seitz, Willamowski, D. Evans



A BILL
To enact section 341.27 of the Revised Code to 1
provide sheriffs, deputy sheriffs, and county 2
correctional officers with qualified immunity from 3
damages caused by outside work details consisting 4
of prisoners imprisoned for nonviolent offenses 5
who volunteer for the work detail.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 341.27 of the Revised Code be enacted 7
to read as follows:8

       Sec. 341.27.  (A) As used in this section:9

       (1) "County correctional facility" has the same meaning as in 10
section 341.42 of the Revised Code.11

       (2) "County correctional officer" has the same meaning as in 12
section 341.41 of the Revised Code.13

       (B) Whenever the officer having charge of a county 14
correctional facility intends to have prisoners work outside the 15
facility on a work detail, the officer shall give advance written 16
notice to the chief executive officer of any municipal corporation 17
and the township clerk of any township in which the prisoners will 18
be working on the work detail of the date or dates on which, and 19
the approximate locations at which, the work will be performed, 20
the nature of the work, and the approximate number of prisoners 21
who will be working on the work detail.22

        (C) If all the prisoners working on a work detail 23
administered by a county correctional facility and outside the 24
facility have volunteered for the work detail and are imprisoned 25
in that facility for an offense other than an offense of violence, 26
no sheriff, deputy sheriff, or county correctional officer is 27
liable for civil damages for injury, death, or loss to persons or 28
property caused or suffered by a prisoner working on the work 29
detail unless the injury results from the gross negligence, 30
malice, or wanton or reckless misconduct of the sheriff, deputy 31
sheriff, or county correctional officer.32