The officials said their concerns are grounded in “documented evidence of dangerous and deteriorating conditions” discovered during a July 2025 inspection.
They said an ODRC report issued in August revealed that the Butler County facility was holding 805 inmates, which was 49 inmates more than the state-recommended capacity of 756.
“Rather than addressing this critical overcrowding issue, the facility has been accepting additional detainees since that time,” the lawmakers said in the letter. “The facility is holding 1,045 inmates, or 289 inmates over the state’s recommended capacity as of this writing. This continued practice of exceeding safe capacity limits represents a fundamental failure to meet the state’s duty of care to those held in its facilities.”
A recent inspection found serious problems at Butler County Jail, they said. Inmates were reportedly punished with a substandard meal called the “Warden Burger,” violating food service standards.
Lawmakers also raised alarms about heating issues during winter, saying inmates and ICE detainees were kept in “crowded, cold conditions” that threaten health and safety. They called these conditions “wholly unacceptable.”
Another concern is ICE detainees being housed with the general inmate population. Lawmakers said this raises questions about safety and proper care, calling the practice “inconsistent with best practices.”
“We must emphasize a critical legal reality,” they said. “By choosing to house ICE detainees in state facilities, Ohio assumes direct liability for their confinement.
They said if individuals suffer harm from overcrowding, poor heating, lack of medical care, or other care failures, “the state and its taxpayers will almost certainly face litigation and possible judgments” and that the legal and financial risks Ohio faces are “very serious.”
“We are responsible for those in custody and to Ohio’s citizens, and therefore must avoid preventable legal and fiscal liability from state operations,” they said.
Finally, legislators warned that Ohio could face lawsuits over overcrowding, poor heating and lack of medical care. They urged immediate action, including surprise inspections, reducing inmate numbers, fixing heating systems and reviewing ICE housing policies.
A full copy of the letter can be found at www.tinyurl.com/bcjail2026.
Jones, in a response broadcast live via Facebook, referred to the legislators as “the Three Stooges” for their misrepresentation of the jail’s conditions and labeled their 3-page letter “the dumbest thing I’ve ever seen in my life.”
He countered that the jail is actually 200 beds under capacity, and not overcrowded as claimed.
Jones said other jails and state prisons also serve the “Warden Burger” and it’s approved by a dietitian.
“You get that in jail when you get in trouble,” he said. “It’s probably the most nutritious meal we serve, so you don’t like it, it’s not your mom or your daddy fixing your meal. It’s jail.”
The sheriff defended jail conditions, saying any temperature control issues get fixed.
“I just got inspected by the state December the 22nd,” he said. “I’ve been inspected by the state. I get inspected by the marshals. I get inspected by ICE. We have the grand jury goes through. We bring people through our jail all the time. It’s one of the cleanest, most organized and safest places to come in the United States.”
Jones, who has 39 years in law enforcement, was first elected Butler County sheriff in November 2004. He is serving his sixth term.
Jones said he wanted to address the issue “so you can see what your state represents, whatever part of the state you’re from, especially these three.”
“I don’t know how they got elected. I don’t know how they keep their office, but I’m not afraid of you,” the sheriff said.
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