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H. B. No. 316As Introduced
|125th General Assembly|
REPRESENTATIVES Wolpert, McGregor, Hughes, Reidelbach, Cirelli, Raussen, Kearns, Williams, Latta, Brinkman, Seitz, Willamowski, D. Evans
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
To enact section 341.27 of the Revised Code to provide sheriffs, deputy sheriffs, and county correctional officers with qualified immunity from damages caused by outside work details consisting of prisoners imprisoned for nonviolent offenses who volunteer for the work detail.
Section 1. That section 341.27 of the Revised Code be enacted to read as follows:
Sec. 341.27. (A) As used in this section:
(1) "County correctional facility" has the same meaning as in section 341.42 of the Revised Code.
(2) "County correctional officer" has the same meaning as in section 341.41 of the Revised Code.
(B) Whenever the officer having charge of a county correctional facility intends to have prisoners work outside the facility on a work detail, the officer shall give advance written notice to the chief executive officer of any municipal corporation and the township clerk of any township in which the prisoners will be working on the work detail of the date or dates on which, and the approximate locations at which, the work will be performed, the nature of the work, and the approximate number of prisoners who will be working on the work detail.
If all the prisoners working on a work detail administered by a county correctional facility and outside the facility have volunteered for the work detail and are imprisoned in that facility for an offense other than an offense of violence, no sheriff, deputy sheriff, or county correctional officer is liable for civil damages for injury, death, or loss to persons or property caused or suffered by a prisoner working on the work detail unless the injury results from the gross negligence, malice, or wanton or reckless misconduct of the sheriff, deputy sheriff, or county correctional officer.