Wednesday, September 05, 2007

Prosecutor: Housing Federal Prisoners in County Jail Fails to Comply with Ohio Law

Posted by Media Release

Photo courtesy of here.

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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Ric Ricland says:
06 Sep 2007  at  02:53 am | #

I think a lot of this jail business is disinformation, but I must commend the Beacon for reporting it all.

Meanwhile, City Beat continues to give us wall-to-wall puff pieces, safe writing that really aren’t what people are talking about—“Home is Where the Hurt is: Domestic.”

YAWN…

Why is that this week’s City Beat’s frontpage lead story? It’s only been done 100 times before. What is it meant to accomplish? Then again, maybe that’s the problem—City Beat let’s its artsy-liberal agenda get in the way of reporting real news.

It’s second problem is none of its writers have any real personality or talent. They all read the same.

ricland

says:
06 Sep 2007  at  12:23 pm | #

This is sort of interesting.  It begs the question - Now that some action has to be taken on this, what will be done?

Will the Commissioners keep the contract going and collect the money - ignoring the supposed dire need for jail space?
-OR-
Will they end the contract and free up the much needed jail space they claim to require?

anon2000 says:
06 Sep 2007  at  06:27 pm | #

DeWine brought up this valid point weeks ago - and the BOCC already agreed with him that it seemed ridiculous to house fed prisoners right now when we have an overcrowding problem.  The prosecutor’s opinion was requested by Portune at that meeting, in support of DeWine’s assertions.

So good job, DeWine, and good job to the BOCC for not playing politics with the issue and sweeping under the rug like DeWine and Heimlich used to do to Portune when they controlled the majority on the BOCC.

And, by the way, the problem has already been solved - Leis said that he would end contracts housing fed prisoners if DeWine was correct - thus the opinion.

anon2000 says:
06 Sep 2007  at  07:04 pm | #

I just read the City Beat article - short and sweet.  Ricland, the message is that before the bruises appear the woman is already so far gone emotionally that she can’t respond to the escalation.

I’m really offended by your cavalier attitude about such a serious problem.  THis summer I checked the stats on DV in Hamilton County - at that time, we had over 3000 outstanding warrants for domestic violence.  Offenders beating up women and their kids who aren’t being actively pursued for arrest because we have no place to put them.  Meanwhile, they usually find another woman to beat the crap out of.

Also, I did a study that was adopted by the Ohio Supreme Court’s Advisory Committee on Domestic Violence and is used in training DR judges - I found that courts are overwhelmingly contributing to the cycle of abuse by refusing to complete the mandatory CPO forms put out by the state Supreme Court and refusing to give victims temporary support orders.

If we had the jail space to arrest these guys who victimize over and over and over and if the courts would follow the mandates of law ---- we could nip domestic violence (which almost always evolves into child abuse as children become targets by age or confrontation) if we really cared about these families.

Otherwise, we have extreme backlogs of DV warrants, people living in fear everyday, and a new rotation of victims.

Ricland, I didn’t like your insensitive commentary.

Maybe the Enquirer could do an investigative story on all these outstanding warrants for violent offenders.

Peter Deane says:
06 Sep 2007  at  08:20 pm | #

Hell yea… DeWine is right… I mean c’mon this city is becoming a dumping ground for federal prisoners.  These guys got to go to make room for Cecil’s doobie boys.

CincyJeff says:
06 Sep 2007  at  09:16 pm | #

Once again Pat DeWine is standing up for the taxpayers where others will not.  It is hypocritical for Si Lies to claim we have an overcrowding problem while he refuses to utilize 13,000 jail beds per year.  Instead of taxing us more to build bigger jails, why not properly utilize the resources we already have?

says:
07 Sep 2007  at  03:14 pm | #

How long has the HCJC been housing federal prisoners? Where was Dewine and his concern in regard to federal prisoners when he and the Schnoz controlled the HCC?

Peter Deane says:
09 Sep 2007  at  03:25 pm | #

Hinklemueller has a point.  I mean DeWine never mentioned the feds in the jail system.  Where DeWine went wrong back then was useing the issue purely to keep Heimlich in power.  it was a play of politics.  But there is no end run around this issue now… the feds have to go!

Jones says:
10 Sep 2007  at  08:42 pm | #

This is over. The County Commissioners voted 2 to 1 today to keep housing federal prisoners.

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