Ohio House Bill HB397

Ohio 2025-2026 Regular Session

• Introduced: 7/21/25
• Report Pass: 11/18/25
• Engrossed: 11/19/25

Caption

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

Summary

HB397 would amend Ohio Revised Code section 341.25 governing jail commissaries. Under current law, if a sheriff operates a jail commissary, profits from the commissary fund must be used for a limited set of jail-related purposes, such as supplies and equipment, inmate life skills training and treatment services, commissary staff costs, contraband-prevention technology, and certain facility or emergency expenses. The bill expands those allowable uses by adding several new categories and clarifying that commissary profits may be spent on a broader range of jail operations. Specifically, the bill would allow commissary profits to be used for construction or renovation of jail space to provide medical or mental health services, for supplies and equipment that exceed minimum regulatory standards, for emergency jail expenses when certain conditions are met, and to supplement costs for investigative personnel or units tasked with investigating and safeguarding inmate rights. It also retains the requirement that indigent incarcerated persons receive necessary hygiene articles and writing materials, and it continues to require sheriffs to adopt rules for commissary fund operation.

Impact

The bill would broaden the discretion of county sheriffs over jail commissary profits and expand the list of permissible expenditures under section 341.25 of the Revised Code. This would affect jail commissary fund accounting and spending practices statewide, giving local jail administrators more flexibility to direct profits toward facility improvements, medical and mental health infrastructure, emergency needs, and inmate-rights-related investigative functions. It would not create a new commissary system, but it would change how existing commissary revenues may be used.

Sentiment

The available voting history suggests the bill was generally well received in the House. It received unanimous favorable passage in committee and then passed the House by a substantial margin, 75-12. That pattern indicates broad support for giving jails more flexibility in using commissary profits, with only a minority of members opposing the measure. No committee transcript was provided, so there is no recorded floor or committee debate to indicate stronger public arguments for or against the bill.

Contention

The main points of potential contention are the expanded scope of commissary profit spending and whether those funds should be used for broader jail operations rather than being reserved more narrowly for inmate services. The bill’s new authorization to fund construction or renovation for medical or mental health services, emergency expenses, and investigative personnel could draw concern from those who prefer tighter limits on commissary revenue use or who worry that incarcerated people and their families effectively subsidize general jail costs. Supporters, by contrast, appear to favor the added flexibility for safety, health, and operational needs.