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DeWine Reiterates Call to End Practice to Free Up Jail Space

Cincinnati, OH - - September 5, 2007 - - An opinion made public today, and authored by the County Prosecutor, supported County Commissioner Pat DeWine’s position that the current contract to house federal prisoners in the County jail does not comply with Ohio law.  DeWine first identified the illegality of the practice, and introduced a motion to end the practice on August 15.  DeWine noted that Ohio law only allows such an arrangement to be entered by the County Commissioners and the Board of Commissioners had never acted to allow such a practice.  The full Board held up acting on DeWine’s request, requesting an opinion from the Prosecutor. 

The opinion which was released today concluded:  “The agreement between the sheriff and the federal authorities is properly characterized as an unenforceable contract due to a lack of compliance with R.C. 341.21.” The opinion went on to state:  “If the practice of accepting custody of federal prisoners is to continue, it is recommended that a resolution be presented to the Board of County Commissioners for consideration.”

DeWine said the County should act immediately to end the housing of federal prisoners to free up space in Hamilton County’s jail system. Approximately 35 federal prisoners per day have been housed in County correctional facilities over the past three years.  DeWine cited the following in support of his position: 

* Cost Savings - Ending federal prisoner housing would save the County money since the federal government reimburses Hamilton County at a lower rate for the spaces then the County is currently paying to lease space in Butler County.  According to County Administration the County would save approximately $72,179.00 per year in housing costs, and $11,600.00 in transportation costs.

* Adding to Available Jail Space - DeWine’s proposal to end the housing of federal prisoners would free up an additional 12,775 bed days per year in Hamilton County’s overburdened jail system.  “Both the Sheriff, and Commissioners Pepper and Portune have stated repeatedly that our jail is overcrowded,” said DeWine.  “If this is true, it’s an outrage that we are continuing to house federal prisoners here when we have other options at our disposal.”

The matter will be taken up at the Commission meeting on Monday, September 10 at 9:30 a.m. 

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