Ohio § 753.21

§ 753.21.

(A) As used in this section, “ building or structure ” includes, but is not limited to, a modular unit, building, or structure and a movable

unit, building, or structure. (B)(1) The legislative authority of a municipal corporation, by ordinance, may dedicate

and permit the use, as a minimum security jail, of any vacant or abandoned public

building or structure owned by the municipal corporation that has not been dedicated

to or is not then in use for any municipal or other public purpose, or any building

or structure rented or leased by the municipal corporation.  The legislative authority of a municipal corporation, by ordinance, also may dedicate

and permit the use, as a minimum security jail, of any building or structure purchased

by or constructed by or for the municipal corporation.  Subject to divisions (B)(3) and (C) of this section, upon the effective date of

such an ordinance, the specified building or structure shall be used, in accordance

with this section, for the confinement of persons who meet one of the following conditions: (a) The person is sentenced to a term of imprisonment for a traffic violation, a misdemeanor,

or a violation of a municipal ordinance and is under the jurisdiction of the municipal

corporation or is sentenced to a residential sanction in the jail for a felony of

the fourth or fifth degree pursuant to sections 2929.11 to 2929.19 of the Revised Code , and the jail administrator or the jail administrator's designee has classified the

person as a minimal security risk.  In determining the person's classification under this division, the administrator

or designee shall consider all relevant factors, including, but not limited to, the

person's escape risk and propensity for assaultive or violent behavior, based upon

the person's prior and current behavior. (b) The person is an inmate transferred by order of a judge of the sentencing court upon

the request of the sheriff, administrator, jailer, or other person responsible for

operating the jail other than a contractor as defined in section 9.06 of the Revised Code , who is named in the request as being suitable for confinement in a minimum security

facility. (2) The legislative authority of a municipal corporation, by ordinance, may affiliate

with the county in which it is located, with one or more counties adjacent to the

county in which it is located, or with one or more municipal corporations located

within the county in which it is located or within an adjacent county, and dedicate

and permit the use, as a minimum security jail, of any vacant or abandoned public

building or structure owned by any of the affiliating counties or municipal corporations

that has not been dedicated to or is not then in use for any public purpose, or any

building or structure rented or leased by any of the affiliating counties or municipal

corporations.  The legislative authority of a municipal corporation, by ordinance, also may affiliate

with one or more counties adjacent to the county in which it is located or with one

or more municipal corporations located within the county in which it is located or

within an adjacent county and dedicate and permit the use, as a minimum security jail,

of any building or structure purchased by or constructed by or for any of the affiliating

counties or municipal corporations.  Any counties and municipal corporations that affiliate for purposes of this division

shall enter into an agreement that establishes the responsibilities for the operation

and for the cost of operation of the minimum security jail.  Subject to divisions (B)(3) and (C) of this section, upon the effective date of

an ordinance adopted under this division, the specified building or structure shall

be used, in accordance with this section, for the confinement of persons who meet

one of the following conditions: (a) The person is sentenced to a term of imprisonment for a traffic violation, a misdemeanor,

or a violation of an ordinance of a municipal corporation and is under the jurisdiction

of any of the affiliating counties or municipal corporations or is sentenced to a

residential sanction in the jail for a felony of the fourth or fifth degree pursuant

to sections 2929.11 to 2929.19 of the Revised Code , and the jail administrator or the jail administrator's designee has classified the

person as a minimal security risk.  In determining the person's classification under this division, the administrator

or designee shall consider all relevant factors, including, but not limited to, the

person's escape risk and propensity for assaultive or violent behavior, based upon

the person's prior and current behavior. (b) The person is an inmate transferred by order of a judge of the sentencing court upon

the request of the sheriff, administrator, jailer, or other person responsible for

operating the jail other than a contractor as defined in section 9.06 of the Revised Code , who is named in the request as being suitable for confinement in a minimum security

facility. (3) No person shall be confined in a building or structure dedicated as a minimum security

jail under division (B)(1) or (2) of this section unless the judge who sentenced the

person to the term of imprisonment for the traffic violation or the misdemeanor specifies

that the term of imprisonment is to be served in that jail, and division (B)(1) or

(2) of this section permits the confinement of the person in that jail or unless the

judge who sentenced the person to the residential sanction for the felony specifies

that the residential sanction is to be served in a jail, and division (B)(1) or (2)

of this section permits the confinement of the person in that jail.  If a rented or leased building or structure is so dedicated, the building or structure

may be used as a minimum security jail only during the period that it is rented or

leased by the municipal corporation or by an affiliated county or municipal corporation.  If a person convicted of a misdemeanor is confined to a building or structure dedicated

as a minimum security jail under division (B)(1) or (2) of this section and the sheriff,

administrator, jailer, or other person responsible for operating the jail other than

a contractor as defined in division (H) of section 9.06 of the Revised Code determines that it would be more appropriate for the person so confined to be confined

in another jail or workhouse facility, the sheriff, administrator, jailer, or other

person may transfer the person so confined to a more appropriate jail or workhouse

facility. (C) All of the following apply in relation to a building or structure that is dedicated

pursuant to division (B)(1) or (2) of this section for use as a minimum security jail: (1) To the extent that the use of the building or structure as a minimum security jail

requires a variance from any municipal corporation, county, or township zoning ordinances

or regulations, the variance shall be granted. (2) Except as provided in this section, the building or structure shall not be used to

confine any person unless it is in substantial compliance with any applicable housing,

fire prevention, sanitation, health, and safety codes, regulations, or standards. (3) Unless such satisfaction or compliance is required under the standards described

in division (C)(4) of this section, and notwithstanding any other provision of state

or local law to the contrary, the building or structure need not satisfy or comply

with any state or local building standard or code in order to be used to confine a

person for the purposes specified in division (B) of this section. (4) The building or structure shall not be used to confine any person unless it is in

compliance with all minimum standards and minimum renovation, modification, and construction

criteria for jails that have been proposed by the department of rehabilitation and

correction, through its bureau of adult detention, under section 5120.10 of the Revised Code . (5) The building or structure need not be renovated or modified into a secure detention

facility in order to be used solely to confine a person for the purposes specified

in divisions (B)(1)(a) and (B)(2)(a) of this section. (6) The building or structure shall be used, equipped, furnished, and staffed to provide

adequate and suitable living, sleeping, food service or preparation, drinking, bathing

and toilet, sanitation, and other necessary facilities, furnishings, and equipment. (D) Except as provided in this section, a minimum security jail dedicated and used under

this section shall be considered to be part of the jail, workhouse, or other correctional

facilities of the municipal corporation or the affiliated counties and municipal corporations

for all purposes under the law.  All persons confined in such a minimum security jail shall be and shall remain,

in all respects, under the control of the authority of the municipal corporation that

has responsibility for the management and operation of the jail, workhouse, or other

correctional facilities of the municipal corporation or, if it is operated by any

affiliation of counties or municipal corporations, under the control of the specified

county or municipal corporation with that authority, provided that, if the person

was convicted of a felony and is serving a residential sanction in the facility, all

provisions of law that pertain to persons convicted of a felony that would not by

their nature clearly be inapplicable apply regarding the person.  A minimum security jail dedicated and used under this section shall be managed and

maintained in accordance with policies and procedures adopted by the legislative authority

of the municipal corporation or the affiliated counties and municipal corporations

governing the safe and healthful operation of the jail, the confinement and supervision

of the persons sentenced to it, and their participation in work release or similar

rehabilitation programs.  In addition to other rules of conduct and discipline, the rights of ingress and

egress of persons confined in a minimum security jail dedicated and used under this

section shall be subject to reasonable restrictions.  Every person confined in a minimum security jail dedicated and used under this section

shall be given verbal and written notification, at the time of the person's admission

to the jail, that purposely leaving, or purposely failing to return to, the jail without

proper authority or permission constitutes the felony offense of escape. (E) If a person who has been convicted of or pleaded guilty to an offense is sentenced

to a term of imprisonment or a residential sanction in a minimum security jail as

described in division (B)(1)(a) or (B)(2)(a) of this section, or if a person is an

inmate transferred to a minimum security jail by order of a judge of the sentencing

court as described in division (B)(1)(b) or (2)(b) of this section, at the time of

reception and at other times the person in charge of the operation of the jail determines

to be appropriate, the person in charge of the operation of the jail may cause the

convicted 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 person in charge of the operation of the jail may cause a convicted 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.