Chapter 5120-3 Prisoner Employment
(A) A "work program" is:
(1) Any shop, department, work detail or labor assignment under the direction of the department of rehabilitation and correction, established for the purpose of industrial or agricultural production, or for the maintenance and operation of the institution or the department;
(2) Any work detail created by contract with the state of Ohio, the political subdivisions of the state and the public institutions of the state; or
(3) Any training, apprenticeship or educational assignment approved by the department of rehabilitation and correction.
(B) Inmate labor opportunities and job assignments fall within the following categories:
(1) "Inmate labor assignment" means any work assignment for which an inmate is responsible, not including educational and vocational training.
(2) "Private employment" may include programs, work release programs or private employment inside an institution.
(3) "OPI assignments" include any labor performed under the supervision of Ohio penal industries (hereinafter referred to in this chapter as "OPI") employees, in the shops equipped by OPI or pursuant to any written or unwritten agreement of OPI and any governmental agency or private person or business entity. "OPI assignments" may include labor performed outside of an institution authorized as a "special labor release" pursuant to rule 5120-3-07 of the Administrative Code.
(4) "Work program assignments" is an assignment of duties within a work program which include all types of inmate labor not otherwise specified in this paragraph, whether it is related to the physical operation or located on the property of the institution, including special labor assignments authorized under rule 5120-3-07 of the Administrative Code.
(C) The "work program assignment committee" is any committee so designated by the managing officer of the institution, which committee shall be responsible for the initial assignment of inmates to work programs. This committee may also be referred to as "WPAC," and shall be responsible for reviewing and deciding all proposed changes in work program assignments for the institution.
(D) A "table of organization" is a fixed number of permanent work assignments based on the requirements of each program in an institution. Each institution shall have a written table of organization as established by the chief of industries or designee. This table of organization may change periodically, with the approval of the managing officer, as production requirements and programming needs change.
(E) A "full-time assignment" shall not be less than one hundred forty hours per month.
(F) A "part time" or "temporary assignment" shall include only those hours necessary to complete the assignment.
(G) A "job grade" refers to the skill or responsibility level required of a particular full-time work assignment. Job grades include:
(1) "Apprenticeship assignments," which are those assignments that exceed the established table of organization and that offer a period of training while awaiting a full-time assignment;
(2) "General labor assignments," which include jobs requiring a low level of skill, limited use of tools and minimal training or experience;
(3) "Semi-skilled assignments," which include those jobs requiring some training or experience, operation of nontechnical equipment or machinery, serving as a helper or relief for a skilled worker, or a medium degree of responsibility; or
(4) "Skilled assignments," which include those jobs requiring a high degree of training or experience, operation of complex equipment or machinery, repair of complex equipment or machinery, or other highly responsible duties.
(H) A "job coordinator" is an individual designated by the managing officer of each institution, whose function is to facilitate the implementation of this chapter of the Administrative Code.
(A) OPI shall have the authority to represent the department of rehabilitation and correction (hereinafter referred to in this chapter as "the department") in pursuing labor opportunities and job assignments for inmates as authorized and intended in division (C) of section 5145.16 of the the Revised Code. OPI may offer to provide goods or services to any public agency or private person or business entity, and may enter into contracts for such goods or services. OPI may utilize inmate labor in satisfying the obligations of such contracts. In such event, the inmates shall not be considered employees of the purchaser or OPI, and shall be compensated pursuant to rule 5120-3-05 of the Administrative Code.
(B) The department may enter into contracts with the state of Ohio, its political subdivisions, any other state, any political subdivision of another state, the United States or any person or private enterprise which contract will promote the employment of inmates.
(C) Contracts entered into pursuant to this rule shall:
(1) Be made for the purpose of providing a product or a service within an existing or additional OPI work program or such other program as may be approved by the director of rehabilitation and correction;
(2) Not provide any contracting party an unfair advantage in the free market;
(3) Be reviewed by department legal staff and approved by the chief of industries; and
(4) Be administered by OPI with the advice and approval of the institution managing officer.
(D) Monies received by the department as a result of any contract under this rule shall be deposited in the services and agricultural fund or the OPI manufacturing fund, whichever is appropriate.
(A) The purpose of this rule is to allow selected inmates the opportunity to participate in programs in private industry and agriculture located outside of the department's institutions.
(1) Definitions. As used in this chapter, the following terms shall mean:
(a) "Institution" means any state penal institution, state prison, correctional or treatment facility which is under the jurisdiction and control of the Ohio department of rehabilitation and correction.
(b) "Correctional employee" is any employee of the department of rehabilitation and correction.
(c) "Inmate" means any person who is imprisoned in an Ohio correctional institution. "Inmate" does not mean a person who has been placed on furlough by the parole board.
(d) "Eligible inmate" means any inmate who is eligible for release on parole, or an inmate who is eligible for release under any provision of the Revised Code, or any inmate who is eligible pursuant to paragraph (A)(3) of this rule.
(e) "Work release program" means any approved program where eligible inmates may be granted permission to leave the premises of an institution for a specified period of time for the purpose of engaging in private employment specifically approved in writing by the director of rehabilitation and correction, or designee, and the superintendent of the institution in which the inmate is confined. The director or managing officer, shall keep records of all such programs or activities which have been approved by him.
(f) "Conditional employer" means any public agency or private person or business entity who intends to enter into an employment relationship with one or more inmates and who complies with all employment requirements of this rule.
(2) An inmate shall be classified as minimum security to be eligible for work-release programming.
(3) The institution shall provide a system for checking outgoing and incoming inmates and shall determine their destination, pursuant to paragraph (D) of rule 5120-9-34 of the Administrative Code for inmates participating in other types of community release.
(4) During all times when an inmate is on work release pursuant to this rule, the inmate shall follow the security guidelines established under paragraph (F) of rule 5120-9-34 of the Administrative Code.
(5) All inmates assigned to work release shall be subject to the rules, sanctions and disciplinary procedures set forth in Chapter 5120-9 of the Administrative Code. The correctional employee or responsible person to whom the inmate is released shall have the duty to immediately report to the managing officer of the institution any violations of paragraph (A)(6) of this rule which they observe or have knowledge of. All persons other than a correctional employee to whom an inmate is released shall sign a written acknowledgment of this duty.
(6) The managing officer of the institution shall immediately notify, in writing, the director of rehabilitation and correction and the appropriate law enforcement agencies of any escape, walkaway, or failure of an inmate to return from a work release made pursuant to this rule.
(7) Prior to the approval of an inmate's application for work release pursuant to this rule, a form setting forth the requirements for release will be provided to the inmate who shall sign his or her understanding and agreement to abide by and be bound by those requirements.
(B) The reclassification committee of each institution shall serve as the screening and selection committee for the work release program. Procedures used in the selection process shall be the same as in rule 5120-9-53 of the Administrative Code.
(C) Public agencies, private persons or business entities who intend to employ inmates in work release must sign a written agreement, which shall provide, at a minimum:
(1) The employer shall provide supervision for the performance of the work;
(2) Compensation shall be paid by the employer to the inmate at a specified rate and in a manner approved by the department of rehabilitation and correction, consistent with rule 5120-3-09 of the Administrative Code;
(3) The employer shall be responsible for any and all required benefits contributions;
(4) The employer shall accept responsibility for the evaluation, promotion, demotion and retention of the inmates, the requirements of rule 5120-3-06 of the Administrative Code notwithstanding;
(5) The employer shall agree to be considered a "conditional employer" of the inmate, with a specific reference to the definition of this rule;
(6) The eligibility of the inmate may be cancelled at any time, within the discretion of the department.
(7) The department of rehabilitation and correction fully retains its right to control and regulate the associations of inmates.
(D) The written agreement described in paragraph (C) of this rule must also be signed by an authorized representative of OPI to indicate the agreement of the department.
(A) Private employment of inmates may occur as approved by the director of rehabilitation and correction. Private employment will not occur inside an institution of the department unless, pursuant to a written agreement, the employer complies with the provisions of this rule.
(B) Public agencies or private persons or business entities who intend to employ inmates for work to be performed inside an institution must sign a written agreement, which shall provide, at a minimum:
(1) The employer shall provide supervision for the performance of the work;
(2) Terms and conditions of compensation, subject to rule 5120-3-09 of the Administrative Code. Compensation shall be paid by the employer to the inmate at a specified rate and in a manner approved by the department of rehabilitation and correction, consistent with rule 5120-3-09 of the Administrative Code.
(3) The employer shall be responsible for any and all required benefits contributions.
(4) The employer shall accept responsibility for the evaluation, promotion, demotion and retention of the inmates, the requirements of rule 5120-3-06 of the Administrative Code notwithstanding.
(5) The employer shall expressly agree to be considered a "conditional employer" of the inmate.
(6) That the eligibility of the inmate may be cancelled at any time, within the discretion of the department;
(7) Under no circumstance will the department relinquish its obligation to provide security at any place on the property of the institution;
(8) That any person may be restricted from the institution property at any time in the interests of security;
(9) The department fully retains its right to control and regulate the association of inmates.
(C) The written agreement described in paragraph (B) of this rule must also be signed by the director of rehabilitation and correction or designee.
(A) In order to approximate the type of work atmosphere and conditions in private industry, inmates assigned to work programs operated by Ohio penal industries, (hereinafter "OPI"), shall receive compensation as described in this rule rather than the monthly rate established in rule 5120-3-08 of the Administrative Code. OPI is designed to encourage the inmate to develop positive work habits and accept responsibility by basing compensation and benefits on performing the job assignment. Inmates assigned to OPI will only receive compensation for hours actually scheduled and worked unless leave time is available and approved to make up for scheduled hours missed. OPI programs are intended to provide training and rehabilitation to inmates. These programs shall not be considered"employment" and the inmates shall not be considered "employees" for any purpose.
(B) Job assignment grade level and pay schedule: Each inmate assigned to OPI will be assigned to an inmate pay grade based upon the nature of the work performed, the experience and skill level of the inmate, and any other appropriate factor. These pay grades, qualifications for each grade, and the base hourly compensation rate, which will be the same for all institutions and security levels, are to be set by the chief of industries with the approval of the director of the department of rehabilitation and correction.
(C) System of compensation and benefits: Inmates participating in OPI programs will be compensated only for scheduled hours actually worked unless leave time is available and approved pursuant to this rule to make up for scheduled hours missed. Inmates participating in OPI programs shall receive the following benefits: personal leave, holiday leave, sick leave, overtime, special pay and longevity supplement.
(D) Personal leave: Inmates participating in OPI programs earn personal leave credit that can be used to permit a paid absence from work for such voluntary purposes as visits, religious services, commissary, participation in varsity level sports, funerals, and passes for contacts with institution staff. Personal leave may also be used to make up for absences required due to attendance at pre-release training and official hearings such as those conducted by the parole board, review and furlough committees, classification committee, and infraction board. Additionally, personal leave may be used to make up for scheduled work hours missed due to a shop being closed for security events (e.g., staff shortage, fog and institutional lockdown). If an inmate does not have personal leave, the inmate will not be compensated for such hours missed.
(1) Personal leave credit is earned after six months in an OPI assignment as follows:
(a) Inmates working five or more hours a day on their job assignments earn personal leave credits at the following rates:
(i) One through eighteen months of service - three hours per month.
(ii) Nineteen through forty-two months - six hours per month.
(iii) Forty-three months and over - nine hours per month.
(b) Inmates who work at institutions whose standard shift operations are less than five hours per day will receive fifty per cent of the personal leave credit specified above.
(c) Personal leave credit hours shall not be accumulated in an amount greater than three hundred fifty hours.
(2) The inmate must obtain advance approval from the shop industry manager or designee for the use of personal leave.
(3) Accumulated personal leave credit may be transferred from one institution to another if the transfer is not for disciplinary purposes and there is not a break in OPI services exceeding six months.
(4) An inmate who is released from incarceration may, with prior written approval of the chief of industries, be compensated for any unused accumulated personal leave. Inmates leaving OPI service, but not released from incarceration, shall not be compensated for unused accumulated personal leave credit, but such credit shall be maintained for six months. If the inmate returns to OPI service within six months, the inmate shall retain the accumulated personal leave credit. If the inmate leaves OPI service for an educational program that exceeds six months, the inmate may retain accumulated personal leave credit if the inmate returns to OPI immediately following the inmate's participation in the educational program.
(5) Personal leave may only be used as provided in this rule. It has no application to any job assignment other than those by OPI.
(E) Holidays: OPI inmates will receive straight hourly pay at their current OPI grade level for any hours they would normally have been scheduled to work on a day that falls on a state-observed holiday. Inmates required to work on holidays will receive regular pay for hours worked in addition to holiday pay.
(F) Sick leave: Effective the first day of every month, inmates assigned to OPI shall be credited three hours of sick leave. Inmates will receive an accumulated thirty six hours of sick leave for twelve months of assignment to OPI. An inmate assigned to OPI after the first day of the month will receive a prorated share of the three hours of sick leave on the basis of three hours per month. An inmate may be compensated by available sick leave for hours of work missed because of illness or psychological/psychiatric counseling. The inmate must provide a medical slip from the appropriate medical or psychological staff person approving the inmate's absence from work and specifying the times and date or dates of absence. If an inmate is unable to work because of illness or non-work related injury, but has used all available sick leave, the inmate will not be entitled to compensation from OPI. If an inmate is unable to work because of a job-related injury and has exhausted the inmate's sick leave benefits, the inmate will receive up to thirty days pay at the inmate's current pay grade level. If an inmate is unable to work for more than thirty consecutive days, the inmate will be reclassified to a non-OPI institution assignment. In such case the inmate will thereafter be compensated pursuant to rule 5120-3-08 of the Administrative Code, rather than this rule. Accumulated sick leave may be transferred from one institution to another as long as the transfer is not for disciplinary purposes and there is not a break in OPI service exceeding six months. An inmate who leaves the service of OPI shall not be compensated for unused accumulated sick leave. A release from incarceration shall extinguish any unused sick leave. Unused accumulated sick leave credit for inmates leaving OPI service, but not released from incarceration, shall be maintained for six months. If the inmate returns to OPI service within six months, the inmate shall retain the accumulated sick leave credit. If the inmate leaves OPI service for an educational program that exceeds six months, the inmate may retain accumulated sick leave credit if the inmate returns to OPI immediately following the inmate's participation in the educational program. Sick leave may only be used as provided in this rule. It has no application to any job assignment other than those by OPI.
(G) Longevity: Inmates who have completed a minimum of fifteen months in an OPI assignment shall receive a longevity pay supplement as follows:
(1) Fifteen months but less than thirty months - four cents per hour;
(2) Thirty but less than forty-five months - eight cents per hour.;
(3) Forty-five months or more - ten cents per hour. Only service accumulated on and after July 1, 1986 shall be considered in awarding this longevity supplement. For purposes of calculations of longevity service, time may be transferred from one OPI shop to another within the institution or from one institution to another unless the transfer is a disciplinary transfer. Only the time an inmate is actually assigned to an OPI job is counted in the accumulation of longevity. Although not accumulating additional longevity during any periods of time not actually assigned to OPI, accumulated longevity is not lost because of an interruption in service of less than six months or an interruption in service for approved educational courses even if the interruption is longer than one year and the inmate returns to OPI immediately following the inmate's participation in the educational courses. However, a release from incarceration shall extinguish accumulated longevity credit. Any person so released who is subsequently recommitted or returned to an institution operated by the department does not receive longevity credit for service prior to the release.
(H) Standard compensation programs: Unless involved in a special compensation program as described in paragraph (J) of this rule, an OPI assigned inmate shall receive standard compensation as defined in this paragraph plus any applicable overtime compensation as described in paragraph (I) of this rule. An inmate's standard compensation is the hourly base rate for his pay grade plus any applicable longevity pay supplement for the scheduled hours actually worked or offset by leave time.
(I) Overtime: The standard workweek for each OPI shop shall be designated by the chief of industries or designee. An inmate who, with the advance written approval of the chief of industries, or designee, accumulates, in one week, compensable hours that exceed the standard workweek will be compensated at one and one half times the applicable hourly pay rate for those compensable hours exceeding the standard workweek.
(J) Special pay programs: The chief of industries, or designee, may implement special pay programs as follows:
(1) Premium pay: The chief of industries, or designee, may award, on a month-to-month basis, additional premium pay to inmates who make contributions to OPI operations that exceed standards required of them.
(2) Piece work: The chief of industries, or designee, may establish a compensation plan based upon individual or group piece-work standards for any new shop deemed appropriate or for any existing shop where increased production is needed. If such piece-work compensation is adopted, it shall be in lieu of the standard compensation established by this rule.
(3) Bonus supplement: When circumstances arise requiring high production requirements or emergency production runs in shops not adaptable to a group piece-work plan pursuant to paragraph (J)(2) of this rule, the chief of industries may approve a bonus supplement for the OPI inmates assigned to the shop involved. The rate of the bonus supplement will be within the discretion of the chief of industries.
(4) Compensation for the prison industry enhancement certification program will be established in accordance with the bureau of justice assistance guidelines.
(A) It is the policy of the department that no inmate shall be assigned, transferred, or removed from a work program assignment for punitive purposes, and that such assignment, transfer, or removal shall not be related to discipline for rule infractions, except insofar as infractions are job related and manifest an inability on the part of the inmate to function in the job or at the job location.
(B) Work program assignments of inmates shall be made by a committee appointed by the managing officer of the institution which shall be known as the WPAC. The committee should:
(1) Review the inmate's supervision level status, considering all current information;
(2) Review any referrals and the recommendation of the job coordinator;
(3) Initiate or continue an appropriate program plan, including any appropriate job action; and
(4) Record within the unit record file notes of any observed improvement or deterioration in the inmate's demonstrated attitude, a statement of the recommended program plan, any orders or alterations to the inmate's work program assignment, and any other comments which may be appropriate.
(C) Whenever the WPAC considers a substantial change in the inmate's work program assignment, the WPAC shall schedule a conference with the inmate and at least one member of the WPAC. The inmate shall receive written notice of the conference at least forty-eight hours in advance; the notice shall state the purpose of the conference, that the inmate has a right to meet with at least one member of the WPAC, and that he may speak or submit a written statement regarding the program change under consideration. The inmate may waive this conference.
(D) Following the conference with the inmate, the committee shall make a written record of the conference for the unit management file. The committee will then recommend whether or not a program change is appropriate. The recommendation will be given to the managing officer for final decision. The inmate may submit written comments or objections to the managing officer of his designee, concerning the recommendation of the WPAC.
(E) The inmate may appeal the decision of the managing officer to the bureau of classification and reception within five days of being notified of the decision. The appeal must specify the grounds clearly and in detail. The decision of the bureau of classification and reception shall be final; any decision made by the managing officer shall not be stayed pending the appeal.
(F) The WPAC shall consider and decide all proposed promotions, demotions and probationary removals of inmates. A removal from a work program assignment shall be considered a demotion within the context of this chapter of the Administrative Code. The WPAC shall also consider and decide any requests for transfers between work program assignments in the same institution.
(1) Promotions and demotions must be initiated by the supervisor of the work program assignment for the particular inmate. The supervisor shall send his recommendation to the job coordinator, who shall also make a recommendation. The job coordinator shall notify the WPAC of the proposed action within five working days of receipt of the recommendation from the supervisor. The WPAC shall review the proposed promotion or demotion, and implement or reject the proposal. Approved promotions and demotions shall be effective at the beginning of the next pay period following receipt of the proposal by the WPAC.
(2) The supervisor may temporarily promote or demote an inmate pending a decision on a proposal which has been submitted to the job coordinator. In the event the proposal is rejected, the inmate shall be returned to his original status.
(3) An inmate may be removed from a work program assignment within thirty days of assignment if the supervisor considers the performance of the inmate to be unsatisfactory. The supervisor shall send written notice of the probationary removal to the WPAC, with a statement of the reason, and request that the inmate be reassigned. The WPAC shall take any appropriate action.
(G) Promotional or lateral program reassignments, and shop transfers, are to be handled by the WPAC. Referrals may be made by any work supervisor, institution committee or inmate applicant. The referral or request shall be given to the job coordinator who shall make a recommendation for or against the requested action. The job coordinator shall send the referral and his recommendation to the WPAC. The job coordinator shall include any relevant information pertaining to the inmate's work experience and training, and shall recommend primary and secondary program placements.
(H) In the case of any job reassignment or transfer requests, the WPAC shall include the inmate's custody level and the time to be served.
(I) Work program supervisors shall prepare a performance evaluation of each inmate at the end of each probationary period and each year thereafter. A special performance evaluation shall be prepared for inmates being recommended for promotion or demotion. A copy of each performance evaluation shall be forwarded to the job coordinator and to the unit record file of the inmate.
(J) An inmate may be removed from an institutional work program for disciplinary reasons if the inmate is convicted of a job-related or security-related rules infraction, pursuant to rules 5120-9-06 to 5120-9-09 of the Administrative Code. Removal may be recommended to the WPAC by the rules infraction board as part of its sanction or referred to the WPAC in the appeal process. Conviction of a serious security violation resulting in a close custody status, such as local control, shall result in immediate removal from a work program.
(K) The managing officer or his designee may assign an inmate to a temporary job at any time based on institution needs.
(A) Inmates may be temporarily released from the institution to perform special labor, either as an institutional work assignment or an OPI assignment as authorized by section 5147.27 of the Revised Code. Special labor assignments may be made when the assignment promotes the rehabilitation of the inmate, serves the interests of the community, or provides operational assistance to the department or another agency of the state of Ohio.
(B) All special labor assignments shall be approved by the managing officer of the institution. An inmate must be classified as minimum security to be eligible for such an assignment. The managing officer shall verify that appropriate transportation arrangements have been made.
(C) Inmates assigned to special labor are subject to the direction and control of correctional employees; they are not employees of any public agency or private person or business entity. Consistent with this status, inmates may receive instructions from non-institutional personnel regarding work performance. Non-institutional personnel may be requested to provide performance evaluations of inmates assigned to special labor.
(D) When an inmate is on special labor release pursuant to this rule, the inmate shall:
(1) Be under the direct, immediate, and personal supervision and control of a correctional employee or;
(2) Be under direct, immediate, and personal supervision and control of a responsible person, approved by the managing officer or his designee, who is listed on the inmate's check-out card;
(3) Directly and promptly proceed to the destination using the approved method of transportation and route, and shall not deviate from the purpose and destination of the release;
(4) Remain at or within the area designated as the destination of the release;
(5) Obey all orders, commands, and instructions of the correctional employee or the responsible person to whom the inmate has been released;
(6) Abstain from consuming any alcoholic beverages and nonprescribed narcotics or other drugs while on release;
(7) Not violate any federal or state law, or any municipal ordinance;
(8) Work diligently and display proper conduct;
(9) Return to the institution before or at the time scheduled for return using the approved method of transportation, and shall not deviate from the institutional destination.
(E) Violations of paragraph (D) of this rule shall be subject to the disciplinary procedures of the department as set forth in rules 5120-9-07 and 5120-9-08 of the Administrative Code. The correctional employee or responsible person to whom the inmate is released shall have the duty to immediately report to the managing officer of the institution any violations of paragraph (D) of this rule which they observe or have knowledge of. All persons other than a correctional employee to whom an inmate is released shall sign a written acknowledgment of this duty.
(F) The warden of the institution shall immediately notify, in writing, the director of rehabilitation and correction and the appropriate law enforcement agencies of any escape, walkaway, or failure of an inmate to return from a special labor release made pursuant to this rule.
(G) Prior to the approval of an inmate's application for special labor release pursuant to this rule, a form setting forth the provisions for release will be provided to the inmate who shall sign his or her understanding and agreement to abide by and be bound by those requirements.
(H) Inmates who are released pursuant to this rule and who have received an OPI assignment as defined in rule 5120-3-02 of the Administrative Code shall be compensated according to the requirements of rule 5120-3-05 of the Administrative Code.
(I) Inmates who are released pursuant to this rule and who have not received an OPI assignment as defined in rule 5120-3-02 of the Administrative Code shall be compensated pursuant to rule 5120-3-08 of the Administrative Code unless voluntarily participating in an uncompensated program.
(J) The WPAC shall serve as the screening committee for the special labor release program. Procedures used in the selection process shall be the same as in rule 5120-9-53 of the Administrative Code.
(A) Inmates who are assigned to work programs, other than those operated by Ohio penal industries, are enrolled in institutional school programs or who are unassigned, shall receive compensation according to the following schedule:
(1) Category one inmates shall receive no compensation. "Category one inmates" include those in reception at a designated reception facility who are unassigned, those who are confined in disciplinary control pursuant to a finding of the rules infraction board, those in local control, those who are absent with leave for more than seven days and those absent without leave.
(2) Category two inmates shall receive at least three dollars per month to be credited and paid to their personal account. "Category two inmates" include those who are absent with leave (not to exceed seven days) and those who have no job assignment in a work program but maintain their personal living quarters in accordance with rules issued by the managing officer. Category two also includes those on death row and in protective control without a job assignment, those who are new arrivals at a parent institution awaiting assignment, those in security control, and those who are in pre-classification assignment status.
(3) Category three inmates shall receive at least six dollars per month to be credited and paid to their personal account. "Category three inmates" are those not in category one or two and include those who have an actual work assignment of less than sixty hours per month, those who are assigned to limited duty by the medical staff and those who have been confined to a hospital or the infirmary for more than thirty consecutive days. For the first thirty days of a hospital or infirmary stay, an inmate shall be compensated according to his category and level immediately preceding admittance.
(4) Category four inmates shall receive at least nine dollars per month to be credited and paid to their personal account. "Category four inmates" are those who have an actual work assignment of sixty to eighty-nine hours per month or those who are part-time students for sixty to ninety hours per month. Category four also includes those assigned to security level five at the Ohio state penitentiary regardless of job assignment.
(5) Category five inmates shall receive at least twelve dollars per month to be credited and paid to their personal account. "Category five inmates" include those who have an actual work assignment of ninety to one hundred thirty-nine hours per month.
(6) "Category six inmates" are those in full-time work assignments or apprenticeship training, of at least one hundred forty hours per month, or those who are full-time students or those who are part-time students with part-time work assignments with a combined total of at least one hundred forty hours per month. Category six inmates shall receive from twelve dollars to twenty-two dollars per month at the discretion of the managing officer. The managing officer shall consider the inmate's security level or classification and whether the work assignment is an apprenticeship, general labor, semi-skilled, or skilled when determining the monthly rate of pay.
Those inmates who are full-time students or part-time students with part-time work assignments shall be considered general labor grade within the proper security level for purposes of determining the monthly rate of pay.
(7) Category seven inmates shall receive twenty-four dollars per month to be credited and paid to the personal account. "Category seven inmates" include those with full-time work assignments requiring a high degree of skill or responsibility which are authorized by the managing officer. The number of inmates in category seven may not exceed three per cent of the institution's population.
(B) Overtime and incentive rates of compensation.
(1) Subject to the approval of the managing officer, category six and category seven inmates may be paid at the rate of one and one-half times their regular rate of pay for each hour in excess of one hundred forty hours per month, whenever the managing officer deems the additional employment of such inmates necessary and proper to the accomplishment of a special project or in the event of an emergency.
(2) The managing officer may adopt an incentive plan appropriate to designated work assignments, under which inmates may earn compensation in addition to their regular pay for the category to which they are assigned. Such incentive plan shall be based upon an established production quota or other like system developed by the department of rehabilitation and correction.
(C) The rules infraction board may recommend a reduction of future compensation for restitution due to a rules infraction as specified in rule 5120-9-08 of the Administrative Code. Reductions shall require the approval of the managing officer and shall not exceed fifty per cent of normal compensation and shall not be reduced below three dollars.
(D) Work assignment hours shall be determined by calculating the number of hours spent on the work assignment in an average month. An "average month" is twenty-two working days for a five-day-per-week assignment. Only hours of actual work shall be counted for less than full-time assignments.
(E) Reasonable time spent on visits, sick call, official pass, or for other reasons approved by the managing officer or his designee shall not affect the calculation of work assignment hours.
(F) As far as practicable, changes in work assignments which result in a change of pay category or grade, shall be made at the beginning of the month. For changes of pay category or grade occurring at quarter-month intervals, compensation for each quarter shall be made according to the assignment for each quarter. For changes of category or grade occurring within any quarter-month, the assignment which was held longer shall determine the compensation for that quarter-month. The smallest time unit for determining compensation shall be a quarter-month.
(G) Personal account. Compensation paid to an inmate pursuant to this rule shall be placed in the inmate's "personal account." At the request of the inmate, funds not exceeding the amount on deposit in that inmate's "personal account" shall be drawn from that account and paid to the inmate's family. The inmate may draw against his or her "personal account" to purchase items kept for sale by the institution. The managing officer may authorize other expenditures. Any balance remaining in an inmate's personal account at the time of his lawful release shall be paid to such inmate upon such release.
(H) Release procedure. In addition to the compensation paid to their personal account pursuant to this rule, each inmate shall be paid upon release an amount to be determined by the division of business administration based upon appropriate funds, provided that such compensation shall be paid only to inmates released directly from the institution into the community and shall not be paid to any inmate who is released to a detainer or released during an absence with leave, including, but not limited to, an inmate released directly from the custody of the county sheriff following a judicial release pursuant to section 2929.20 of the Revised Code.
Inmates who have compensation credited to their release account prior to the adoption of this rule shall receive the amount credited or the amount paid under this rule, whichever is greater.
(I) The institution may furnish appropriate clothing to an inmate upon release.
(J) An inmate who is unable to obtain transportation to the place to which he is paroled may be provided such transportation and necessary meal costs at the discretion of the managing officer. Transportation shall be provided at the lowest cost available. The institution shall purchase non-refundable tickets for this purpose.
(K) Compensation paid pursuant to this rule may be from designated special purpose funds or the prisoner compensation fund.
R.C. 119.032 review dates: 01/03/2013 and 05/12/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5145.03
Rule Amplifies: 5145.16, 5145.161
Prior Effective Dates: 10/1/77, 5/1/82, 9/4/84, 11/1/85, 7/1/89, 2/3/92, 12/14/01, 4/15/10, 7/15/2011
(A) Inmates working in private employment shall be subject to the distribution of their earnings as follows:
(1) Reimbursement to the state shall be at the average per diem cost of all institutions of the department or twenty-five per cent of net earnings, whichever is less. "Per diem cost" is the average daily cost for the preceeding fiscal year as computed by the division of business administration and shall be calculated each September first.
(2) Up to twenty-five per cent of the net earnings may be used for restitution to the victim(s) of the inmate's offense(s), if the inmate voluntarily requests or is under court order to make restitution.
(3) Up to twenty-five per cent of the net earnings may be provided to the verified dependents of the inmate.
(4) Not less than twenty-five per cent of the net earnings shall be deposited in the inmate's personal account.
(5) Net earnings available for distribution shall be the gross earnings less all applicable federal, state, and local taxes.
(6) The managing officer shall establish a mandatory savings program for inmates participating in a private employment program. Mandatory savings shall not exceed five dollars per week and shall be limited to a maximum of one hundred dollars. The balance in the savings account shall be paid upon release and will be in lieu of the release payment specified in rule 5120-3-08 of the Administrative Code.
(B) Inmates with an OPI assignment, as defined in rule 5120-3-02 of the Administrative Code, shall be compensated pursuant to rule 5120-3-05 of the Administrative Code. Such compensation shall be deposited in inmate's personal institution account.
(C) Inmate work assignments, including special labor, which are not OPI assignments or private employment, shall be compensated pursuant to rule 5120-3-08 of the Administrative Code and subject to distribution as provided in that rule.
The managing officer of each institution shall designate an employee to serve as safety officer. The safety officer, who may be assigned other duties so long as their performance does not render him or her unavailable for the performance of his or her duties as safety officer, shall be responsible for making recommendations to the managing officer concerning compliance with applicable federal, state and local regulations relative to health and safety on the job and other working conditions. Any inmate complaints concerning health or safety on the job or other working conditions shall be communicated to the safety officer before the filing of a grievance under rule 5120-9-31 of the Administrative Code.
(A) The director of the department of rehabilitation and correction shall appoint a prison employment committee. The committee shall consist of five persons, three of whom shall be the chief, division of institutions; the chief, division of business administration; and the administrator, Ohio penal industries.
(B) The committee shall actively pursue any and all avenues of employment for inmates and shall consider each of the following:
(1) Expansion of present Ohio penal industries and agricultural work programs.
(2) Development of additional Ohio penal industries and agricultural work programs.
(3) Development of additional job and/or training programs within the institution.
(4) Development of contracts between Ohio penal industries and the state of Ohio or its political subdivisions, other states or their political subdivisions, the United States or private persons to provide products and/or services.
(5) Development of work release programs.
(C) The committee shall work with the advisory board of directors for prison labor and shall consider all recommendations made to it by the board.
(D) The committee shall review and make recommendations to the director on all contracts for the purpose of providing employment to inmates.