130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

Sub. H. B. No. 351  As Passed by the House
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 



A BILL
To amend sections 341.12, 341.13, 341.14, 341.15, and 2725.27, to enact section 341.141, and to repeal section 2725.25 of the Revised Code to permit the transfer of county jail inmates to contiguous counties in adjoining states.

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 2725.27 be amended and section 341.141 of the Revised Code be enacted to read as follows:
Sec. 341.12. In a county not having a sufficient jail or staff, the sheriff shall convey any person charged with the commission of an offense, sentenced to imprisonment in the county jail, or in custody upon civil process, to a jail in any county which the sheriff considers most convenient and secure. In the case of a person who has been charged with an offense and is being held pending trial, any county includes a contiguous county in an adjoining state.
The sheriff may call such aid as is necessary in guarding, tranporting transporting, or returning such person. Whoever neglects or refuses to render such aid, when so called upon, shall forfeit and pay the sum of ten dollars, to be recovered by an action in the name and for the use of the county.
Such sheriff and his assistants shall receive such compensation for their services as the county auditor of the county from which such person was removed considers reasonable. The compensation shall be paid from the county treasury on the warrant of the auditor.
The receiving sheriff shall not, pursuant to this section, convey the person received to any county other than the one from which the person was removed.
Sec. 341.13.  The sheriff of the a county in this state to which a prisoner has been removed as provided by section 341.12 of the Revised Code, shall, on being furnished a copy of the process or commitment, receive such the prisoner into his custody, and. The sheriff of a contiguous county of an adjoining state to which a prisoner has been removed as provided in section 341.12 of the Revised Code may, on being furnished a copy of the commitment, receive the prisoner into the sheriff's custody. Each receiving sheriff shall be liable for escapes or other neglect of duty in relation to such the prisoner, as in other cases, and neither the conveying sheriff nor any county commissioner of the county that employs the conveying sheriff is liable in damages in a civil action for any injury, death, or loss to person or property suffered or caused by the prisoner while the prisoner is in the custody of the receiving sheriff. Such Each receiving sheriff shall receive from the treasury of the county from which the prisoner was removed, such fees as are allowed in other cases.
Sec. 341.14.  (A) The sheriff of an adjoining county in this state shall not receive prisoners as provided by section 341.12 of the Revised Code unless there is deposited weekly with the sheriff an amount equal to the actual cost of keeping and feeding each prisoner so committed for the use of the jail of that county, and the same amount for a period of time less than one week. If a prisoner is discharged before the expiration of the term for which the prisoner was committed, the excess of the amount advanced shall be refunded.
(B) Pursuant to section 2929.37 of the Revised Code, the board of county commissioners of the county of this state that receives pursuant to section 341.12 of the Revised Code for confinement in its jail, a prisoner who was convicted of an offense, may require the prisoner to reimburse the county for its expenses incurred by reason of the prisoner's confinement.
(C) Notwithstanding any contrary provision in this section or section 2929.18, 2929.28, or 2929.37 of the Revised Code, the board of county commissioners in this state may establish a policy that complies with section 2929.38 of the Revised Code and that requires any prisoner who is not indigent and who is confined in the county's jail under this section to pay a reception fee, a fee for medical treatment or service requested by and provided to that prisoner, or the fee for a random drug test assessed under division (E) of section 341.26 of the Revised Code.
(D) If a county in this state receives pursuant to section 341.12 of the Revised Code for confinement in its jail a person who has been convicted of or pleaded guilty to an offense and has been sentenced to a term in a jail or a person who has been arrested for an offense, who has been denied bail or has had bail set and has not been released on bail, and who is confined in jail pending trial, at the time of reception and at other times the sheriff or other person in charge of the operation of the jail determines to be appropriate, the sheriff or other person in charge of the operation of the jail may cause the convicted or accused offender to be examined and tested for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, and other contagious diseases. The sheriff or other person in charge of the operation of the jail may cause a convicted or accused offender in the jail who refuses to be tested or treated for tuberculosis, HIV infection, hepatitis, including but not limited to hepatitis A, B, and C, or another contagious disease to be tested and treated involuntarily.
Sec. 341.141.  (A) The sheriff of a county in this state shall not transfer a prisoner to a contiguous county in an adjoining state as provided in section 341.12 of the Revised Code unless there is deposited weekly with the sheriff of the contiguous county an amount equal to the actual cost of keeping and feeding each prisoner committed to the custody of that sheriff for the use of the jail of that county, and the same amount for a period of time less than one week. If a prisoner is discharged before the expiration of a week for which the cost of keeping and feeding the prisoner has been deposited, the excess of the amount shall be refunded.
(B) The minimum standards for jails that are applicable for jails in the adjoining state shall apply to a jail in that adjoining state that receives prisoners as provided in section 341.13 of the Revised Code.
(C) All other terms of the transfer of a prisoner from a county in this state to a contiguous county in an adjoining state shall be as agreed upon by the board of county commissioners, any applicable governmental entity in the receiving county, and the sheriffs involved in the transfer.
Sec. 341.15.  At the end of each quarter, of each calendar year, the a sheriff in this state shall account for and pay to the county treasurer all money received by him the sheriff as provided by sections 341.13 and 341.14 of the Revised Code.
Sec. 2725.27.  The forfeitures mentioned in sections 2725.21 to 2725.24, inclusive, of the Revised Code, may be recovered by the party aggrieved or his the executors or administrators of the party aggrieved against the offender or his the offender's executors or administrators by civil action in a court having cognizance thereof.
Actions for violations of sections 2725.21 to 2725.25, inclusive, 2725.24 of the Revised Code, shall be brought within two years after the offense is committed, except in cases of imprisonment of the party aggrieved, when action may be brought within two years after his the delivery of the party aggrieved out of prison, or after his decease death if he the party aggrieved dies in prison.
Section 2.  That existing sections 341.12, 341.13, 341.14, 341.15, and 2725.27 and section 2725.25 of the Revised Code are hereby repealed.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer