Lawriter - OAC - 5120-3-02 Inmate labor assignments.

5120-3-02 Inmate labor assignments.

(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.

R.C. 119.032 review dates: 01/08/2013 and 01/08/2018
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5145.03
Rule Amplifies: 5145.03 , 5145.16
Prior Effective Dates: 5/1/82, 2/3/92, 3/27/2008