What is the difference between jail and prison? The main differences between jails and prisons are the length of stay, severity of the crimes, and whether or not the detainee is convicted or awaiting trial.
If you or a loved one has been arrested, let a Columbus criminal defense lawyer help protect your rights and represent your best interests.
What is the Purpose of Jails
A major difference between jail and prison is the length of time offenders stay in each facility. A jail is a short-term correctional facility. Usually, local law enforcement entities operate jails.
If a person is arrested, they often have to remain in jail until their arraignment. Or, if offenders are not eligible for bail, they stay in jail while awaiting their trial. Bail could be denied for particularly serious crimes if the offender is deemed a danger to others or is a flight risk.
Jails keep dangerous or unpredictable individuals away from society and ensure they will show up for their court dates. They are also where those convicted of minor crimes or misdemeanors serve out their sentences. These offenses can include penalties of up to one year (maximum) of incarceration.
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Jails and Prisons Have Different Purposes
Prisons are long-term correctional facilities operated by state or federal government entities. Other differences between jail and prison are that prisons are usually larger than jails, equipped with more sophisticated security systems, and staffed with more personnel.
Some offenders spend time in jail before their arraignment or while awaiting trial. If convicted of a serious crime–a felony–the offender may be sentenced to a period of incarceration lasting more than one year. The offender will serve a longer sentence in prison.
Prisons are intended to both punish and rehabilitate offenders. Loss of freedom is a severe penalty. But without opportunities for rehabilitation, an offender is more likely to commit other crimes once released.
5 Jail Classifications in Ohio
There are different types of jails throughout Ohio. The Handbook published by the Ohio County Commissioners establishes five different jail classifications, each with its own requirements:
- Full service jails house offenders for more than 12 days and must provide better prisoner services, such as “medical care, rehabilitative programming, recreation, and commissary provisions.”
- Minimum security jails function similarly to full-service jails but also include prerequisites for offenders’ entry regarding their age and crime.
- Twelve–day jails only house offenders for a maximum of 12 consecutive days, and are intended to give municipal jurisdictions a facility for “booking and processing initial arrestees.”
- Twelve–hour jail serves a similar function to twelve-day jails, but only keeps offenders for a maximum of 12 consecutive hours.
- Temporary holding facilities only hold offenders for up to six hours and allow municipalities to detain arrestees awaiting processing or transportation.
The Franklin County Jail in Ohio is a minimum security facility. Our Franklin County Jail Survival Guide gives some idea of what to expect in an Ohio jail. And the attorneys at Koffel | Brininger | Nesbitt can fight to keep you out of one.
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What Crimes Usually Have Jail Sentences
Ohio has five degrees, or classes, of misdemeanors. First-degree misdemeanors are the most serious, and fifth-degree misdemeanors are the least. As per Section 2929.24 of the Ohio Law and Administrative Rules, jail sentences for misdemeanors are as follows:
- First degree: Not more than 180 days. Examples from the Ohio Court Records include driving under the influence, petty theft
- Second degree: Not more than 90 days. Examples include illegally producing or selling drug paraphernalia
- Third degree: Not more than 60 days. Examples include vandalizing public property or having an expired handgun license
- Fourth degree: Not more than 30 days. Examples include the sale or donation of contaminated blood
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4 Types of Prisons in Ohio
There are four types of prisons throughout Ohio. Each is described in The Ohio Court Records explanation of the Ohio State Prison System:
- Maximum security prisons have high-level security to keep prisoners from escaping or hurting other inmates or security personnel.
- Medium–security prisons are the “standard” form of prisons, housing most offenders and implementing a controlled daily schedule.
- Minimum security prison is for offenders who are not dangerous or violent or likely to attempt escape, and have a lower “staff-to detainee” proportion.
- Juvenile prisons house offenders younger than 18 years old.
In-house services present another difference between jail and prison. Though full-service and minimum-security jails provide some opportunities for care and rehabilitation, prisons must have more.
“Recreation, education, classification, critical incident management, religious services, unit management, security, and youthful offender programming” are included in the Ohio prisons’ support services.
What Crimes Lead to Prison Sentences
Felonies are more serious crimes and are also differentiated by degrees. Prison sentences vary by degree and date of occurrence. According to Section 2929.14 of Ohio Laws and Administrative Rules, the terms are as follows for felonies committed after March 22, 2019:
- First degree: Indefinite, with a minimum of three, four, five, six, seven, eight, nine, ten, or eleven years. Murder, kidnapping, and rape are among the most serious crimes in Ohio that carry prison terms.
- Second degree: Indefinite with a minimum two, three, four, five, six, seven, or eight years. Examples include gang participation and felonious assault.
- Third degree: Nine to 60 months, depending on the circumstances. Aggravated vehicular assault is an example.
- Fourth degree: Six to 18 months. Examples include drug abuse and burglary.
- Fifth degree: Six to 12 months. Carrying a concealed weapon is an example.
Get the Representation You Need Right Now
The differences between jail and prison are significant, but in the end, both places take away your freedom and take you away from the ones you love.
Our team will work to avoid that separation altogether or keep it to a minimum, and our case results speak to our success. Connect with Koffel | Brininger | Nesbitt to get the representation you need right now.
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