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Sub. H. B. No. 351 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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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.
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