Expand allowable uses of profits from jail commissary funds

hb397_03_RS

As Reported by the Senate Local Government Committee

136th
General Assembly

Regular
Session
Am. H. B. No. 397

2025-2026

Representatives Deeter, Johnson

Cosponsors: Representatives Brennan,
Fowler Arthur, Schmidt, King, Klopfenstein, Manning, Miller, K.,
Newman, Young

To
amend section 341.25 of the Revised Code
to
expand the allowable uses of profits from jail commissary funds.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 341.25 of the Revised Code be amended to read as follows:

Sec.
341.25.
(A)
The sheriff may establish a commissary for the jail. The commissary
may be established either in-house or by another arrangement. If a
commissary is established, all persons incarcerated in the jail shall
receive commissary privileges. A person's purchases from the
commissary shall be deducted from the person's account record in the
jail's business office. The commissary shall provide for the
distribution to indigent persons incarcerated in the jail necessary
hygiene articles and writing materials.

(B)(1)
If a commissary is established, the sheriff shall establish a
commissary fund for the jail. The management of funds in the
commissary fund shall be strictly controlled in accordance with
procedures adopted by the auditor of state
,
and any record pertaining to the use of the fund is a public record
subject to disclosure under section 149.43 of the Revised Code
.

(2)
Commissary fund revenue over and above operating costs and reserve
shall be considered profits.

(3)
All profits from the commissary fund shall be used for the following:

(a)
To purchase supplies and equipment, and to provide life skills
training
,
recreation,

and education
,

or treatment
and
programming
services,
or both, for the benefit of persons incarcerated in the jail;

(b)

To
purchase medication in relation to treatment and programming;

(c)

To
pay salary and benefits
,
in part or in whole,

for employees of the sheriff who work in or are employed for the
purpose of providing service to the commissary

or
to investigate allegations of staff misconduct, illegal conveyance of
contraband, or sexual abuse within the facility
;

(c)
(d)

To purchase technology

and
tools

designed to prevent contraband from entering the jail

as
well as technology necessary for the general safety of the jail
facility if the purchased items exceed the minimum required
standards
;

(d)
(e)

To pay for construction or renovation of a jail facility to provide
medical or mental health services
;

(f)
To pay for advanced staff training of jail personnel in excess of
state mandated training for the benefit of persons incarcerated in
the jail
.

(4)
The sheriff shall adopt rules for the operation of any commissary
fund the sheriff establishes.

Section
2.
That
existing section 341.25 of the Revised Code is hereby repealed.