As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 351

Representative Brinkman 

Cosponsors: Representatives Raussen, Schneider, Blessing, Jones, Mecklenborg, Flowers, Adams, Aslanides, Brinkman, Domenick, Driehaus, Mandel, McGregor, J., Uecker, Wachtmann 

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A BILL

To amend sections 341.12, 341.13, 341.14, 341.15, and

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2725.27, to enact section 341.141, and to repeal

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section 2725.25 of the Revised Code to permit the

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transfer of county jail inmates to contiguous

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counties in adjoining states.

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

Section 1. That sections 341.12, 341.13, 341.14, 341.15, and	6
2725.27 be amended and section 341.141 of the Revised Code be	7
enacted to read as follows:	8

Sec. 341.12. In a county not having a sufficient jail or	9
staff, the sheriff shall convey any person charged with the	10
commission of an offense, sentenced to imprisonment in the county	11
jail, or in custody upon civil process, to a jail in any county	12
which the sheriff considers most convenient and secure. In the	13
case of a person who has been charged with an offense and is being	14
held pending trial, any county includes a contiguous county in an	15
adjoining state.	16

The sheriff may call such aid as is necessary in guarding,	17
tranportingtransporting, or returning such person. Whoever	18
neglects or refuses to render such aid, when so called upon, shall	19
forfeit and pay the sum of ten dollars, to be recovered by an	20
action in the name and for the use of the county.	21

Such sheriff and his assistants shall receive such	22
compensation for their services as the county auditor of the	23
county from which such person was removed considers reasonable.	24
The compensation shall be paid from the county treasury on the	25
warrant of the auditor.	26

The receiving sheriff shall not, pursuant to this section,	27
convey the person received to any county other than the one from	28
which the person was removed.	29

Sec. 341.13.  The sheriff of thea county in this state to	30
which a prisoner has been removed as provided by section 341.12 of	31
the Revised Code, shall, on being furnished a copy of the process	32
or commitment, receive suchthe prisoner into his custody, and.	33
The sheriff of a contiguous county of an adjoining state to which	34
a prisoner has been removed as provided in section 341.12 of the	35
Revised Code may, on being furnished a copy of the commitment,	36
receive the prisoner into the sheriff's custody. Each receiving	37
sheriff shall be liable for escapes or other neglect of duty in	38
relation to suchthe prisoner, as in other cases, and neither the	39
conveying sheriff nor any county commissioner of the county that	40
employs the conveying sheriff is liable in damages in a civil	41
action for any injury, death, or loss to person or property	42
suffered or caused by the prisoner while the prisoner is in the	43
custody of the receiving sheriff. SuchEach receiving sheriff	44
shall receive from the treasury of the county from which the	45
prisoner was removed, such fees as are allowed in other cases.	46

Sec. 341.14.  (A) The sheriff of an adjoining county in this	47
state shall not receive prisoners as provided by section 341.12 of	48
the Revised Code unless there is deposited weekly with the sheriff	49
an amount equal to the actual cost of keeping and feeding each	50
prisoner so committed for the use of the jail of that county, and	51
the same amount for a period of time less than one week. If a	52
prisoner is discharged before the expiration of the term for which	53
the prisoner was committed, the excess of the amount advanced	54
shall be refunded.	55

(B) Pursuant to section 2929.37 of the Revised Code, the	56
board of county commissioners of the county of this state that	57
receives pursuant to section 341.12 of the Revised Code for	58
confinement in its jail, a prisoner who was convicted of an	59
offense, may require the prisoner to reimburse the county for its	60
expenses incurred by reason of the prisoner's confinement.	61

(C) Notwithstanding any contrary provision in this section or	62
section 2929.18, 2929.28, or 2929.37 of the Revised Code, the	63
board of county commissioners in this state may establish a policy	64
that complies with section 2929.38 of the Revised Code and that	65
requires any prisoner who is not indigent and who is confined in	66
the county's jail under this section to pay a reception fee, a fee	67
for medical treatment or service requested by and provided to that	68
prisoner, or the fee for a random drug test assessed under	69
division (E) of section 341.26 of the Revised Code.	70

(D) If a county in this state receives pursuant to section	71
341.12 of the Revised Code for confinement in its jail a person	72
who has been convicted of or pleaded guilty to an offense and has	73
been sentenced to a term in a jail or a person who has been	74
arrested for an offense, who has been denied bail or has had bail	75
set and has not been released on bail, and who is confined in jail	76
pending trial, at the time of reception and at other times the	77
sheriff or other person in charge of the operation of the jail	78
determines to be appropriate, the sheriff or other person in	79
charge of the operation of the jail may cause the convicted or	80
accused offender to be examined and tested for tuberculosis, HIV	81
infection, hepatitis, including but not limited to hepatitis A, B,	82
and C, and other contagious diseases. The sheriff or other person	83
in charge of the operation of the jail may cause a convicted or	84
accused offender in the jail who refuses to be tested or treated	85
for tuberculosis, HIV infection, hepatitis, including but not	86
limited to hepatitis A, B, and C, or another contagious disease to	87
be tested and treated involuntarily.	88

Sec. 341.141.  (A) The sheriff of a county in this state	89
shall not transfer a prisoner to a contiguous county in an	90
adjoining state as provided in section 341.12 of the Revised Code	91
unless there is deposited weekly with the sheriff of the	92
contiguous county an amount equal to the actual cost of keeping	93
and feeding each prisoner committed to the custody of that sheriff	94
for the use of the jail of that county, and the same amount for a	95
period of time less than one week. If a prisoner is discharged	96
before the expiration of a week for which the cost of keeping and	97
feeding the prisoner has been deposited, the excess of the amount	98
shall be refunded.	99

(B) The minimum standards for jails that are applicable for	100
jails in the adjoining state shall apply to a jail in that	101
adjoining state that receives prisoners as provided in section	102
341.13 of the Revised Code.	103

(C) All other terms of the transfer of a prisoner from a	104
county in this state to a contiguous county in an adjoining state	105
shall be as agreed upon by the board of county commissioners, any	106
applicable governmental entity in the receiving county, and the	107
sheriffs involved in the transfer.	108

Sec. 341.15.  At the end of each quarter, of each calendar	109
year, thea sheriff in this state shall account for and pay to the	110
county treasurer all money received by himthe sheriff as provided	111
by sections 341.13 and 341.14 of the Revised Code.	112

Sec. 2725.27.  The forfeitures mentioned in sections 2725.21	113
to 2725.24, inclusive, of the Revised Code, may be recovered by	114
the party aggrieved or histhe executors or administrators of the	115
party aggrieved against the offender or histhe offender's	116
executors or administrators by civil action in a court having	117
cognizance thereof.	118

Actions for violations of sections 2725.21 to 2725.25,	119
inclusive,2725.24 of the Revised Code, shall be brought within	120
two years after the offense is committed, except in cases of	121
imprisonment of the party aggrieved, when action may be brought	122
within two years after histhe delivery of the party aggrieved out	123
of prison, or after his deceasedeath if hethe party aggrieved	124
dies in prison.	125

Section 2.  That existing sections 341.12, 341.13, 341.14,	126
341.15, and 2725.27 and section 2725.25 of the Revised Code are	127
hereby repealed.	128