Chapter 5120-5 Funds

5120-5-01 Transfer of funds for inmates transferred to the department of mental health or department of mental retardation and developmental disabilities.

(A) This rule governs those instances where any inmate of the department of rehabilitation and correction is transferred to a facility operated by the department of mental health or department of mental retardation and developmental disabilities, following proper procedures, leading to his subsequent release to parole, post release control or other status.

(B) At the time of transfer for study, the inmate's personal account balance shall be reconciled and sent with him so commissary privileges shall not be lost.

(C) If the inmate is released by parole or other status from an institution other than an institution of the department of rehabilitation and correction, or transferred to other than the inmate's parent institution, the parent institution shall be notified by the bureau of classification in sufficient time to transfer the inmate's earnings account (release fund) to the releasing institution.

(D) If necessary, the department of rehabilitation and correction will provide clothes for the inmate's release. If the inmate desires to wear personal civilian clothing, at the time of his release to parole, this clothing should be sent to the inmate at the releasing agency facility.

(E) If it becomes necessary to transfer the inmate back to the department of rehabilitation and correction, all monies in the inmate's account shall be returned with suitable accounting records so that it can be reconciled with this department's records.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.13 , 5120.01
Rule Amplifies: 5120.13
Prior Effective Dates: 10/12/78

5120-5-02 Inmate funds.

(A) As used in this rule:

(1) "Unapproved source" means any person under the supervision of the department of rehabilitation and correction or any other correctional agency unless approved by the managing director, any transaction the managing director has cause to believe is for an unlawful purpose, and any other source where the managing director has cause to believe the transaction is for an unlawful purpose, including, but not limited to, fraud, extortion, blackmail, dealing and gambling. For purposes of funds sent by any source and checks sent by inmates pursuant to paragraph (C) of this rule, an "unapproved source" also means any person not on the inmate's tentatively approved visiting list.

(2) When referring to funds, "approved form," means a certified check, cashier's check, money order, check drawn upon the account of a governmental agency or when available, wire or electronic transfer. All money orders and checks must be legible, include the inmate's number and a return address, and be signed by the sender.

(3) When referring to funds, "unapproved form" means currency, coin, or personal check drawn upon an account of an individual, private association, firm, partnership, or corporation, or any other unapproved form.

(B) An individual account record shall be maintained for each inmate in the cashier's office of an institution which reflects all receipts and disbursements of funds from each account.

(C) Funds in approved form, in an amount not to exceed four hundred dollars a month from one person,unless approved by the managing director, may be accepted for deposit to the account of that inmate. An inmate may request that a reasonable amount of personal funds be sent, in the form of a check, to any entity other than an unapproved source.

(D) Funds in any amount from an unapproved source or in an unapproved form shall not be accepted for deposit and shall be processed pursuant to rule 5120-5-08 of the Administrative Code.

(E) A checking account shall be established to maintain and administer inmate funds.

(F) An inmate who will be incarcerated for less than one year when admitted to the department of rehabilitation and correction may hold an outside bank account. If holding such an account, the inmate shall notify, in writing, the cashier's office of that account. The cashier's office shall maintain a record of that notice.

(G) Investments :

(1) The cashier's office shall hold any previously issued series EE savings bonds and all certificates of deposit, registered in the inmate's name, for safekeeping. Investments not registered in the inmate's name must be sent by certified mail, at the inmate's expense, to the registered owner or guardian of the owner. Separate journal controls shall be established and maintained for individually owned bonds and certificates of deposit as a means of accountability for all such items held by the institution. A notation to the effect that an inmate does have personal investments should also be made on the inmate's account record. All inmates shall be informed of opportunities to invest surplus personal funds.

(2) Consolidated investments: all inmates' funds not individually invested and deemed to be in excess of the normal operating level, shall be consolidated and invested in savings or money market accounts or certificates of deposit at banks, savings and loan associations, or the state treasury asset reserve of Ohio fund as approved by the chief of the division of business administration. The interest received from such investments shall be deposited to the credit of the custodial account for inmates' checking account, and immediately thereafter, a check shall be issued in the amount of such interest to the industrial and entertainment fund. All deposits and investments from inmates' consolidated funds shall be registered as follows:

State of Ohio

(Name of institution)

Custodial account for inmates

(Name of managing officer or successor)

(3) Any bank or savings and loan association holding deposits shall be insured by federal insurance agencies.

(H) Pursuant to paragraph (C)(24) or paragraph (C)(46) of rule 5120-9-06 of the Administrative Code, it is a rule violation for an inmate to engage in any form of business with an employee, or conduct business operations with any person or entity outside the institution, respectively, without authorization from the managing director.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.13
Rule Amplifies: 5120.13
Prior Effective Dates: 1/12/76, 1/13/79, 8/29/83, 12/1/05, 9/17/12

5120-5-03 Court order for payment of funds from inmate's account.

(A) The purpose of this rule is to establish guidelines and procedures for withdrawing money that belongs to an inmate and that is in an account kept for the inmate by the department of rehabilitation and correction (DRC), upon receipt of a certified copy of a judgment of a court of record in an action in which an inmate was a party that orders an inmate to pay a stated obligation. The DRC may apply such money toward payment of the stated obligation to the court or in another matter as directed by the court.

(B) Upon the DRC's receipt of a certified copy of a judgment that orders an inmate to pay a stated obligation in a matter which an inmate was a party, the warden or designee shall determine if the inmate is still in the custody of the DRC. If the inmate is not in the custody of the DRC, the warden or designee shall advise the clerk of the court or other appropriate authority issuing the order of that fact and, if known, the forwarding address of the inmate. If the inmate is in custody of the DRC the warden or designee shall forward such judgment to the institution where the inmate is presently incarcerated, specifically addressed to the attention of the warden or designee who is responsible for the inmate's account at the institution. Requests for funds to fulfill court orders are prepared by the warden's designee where the inmate is presently housed.

(C) When a certified copy of a judgment from a court of proper jurisdiction is received directing the DRC to withhold funds from an inmate's account, the warden's designee shall take measures to determine whether the judgment and other relevant documents are facially valid. If a facial defect is found then a letter of explanation shall be sent to the clerk or other appropriate authority and the collection process stops until the defect is cured. If no defect is found, the warden's designee shall promptly deliver to the inmate adequate notice of the court-ordered debt and its intent to seize money from his/her personal account. The required notice must inform the inmate of a right to claim exemptions and types of exemptions available under section 2329.66 of the Revised Code and a right to raise a defense as well as an opportunity to discuss these objections with the warden's designee. This practice provides safeguards to minimize the risk of unlawful deprivation of inmate property.

When the pre-deprivation notice is delivered to the inmate, the warden's designee shall also deliver notice to enter a case on the inmate's account to the cashier. The court ordered amount or available portion thereof shall be collected and held until further notice by the designee.

After the inmate's timely opportunity to assert any exemption or defense, the designee shall review the record and determine the department's authority to withdraw money from the inmate's account. The inmate shall receive notice of the designee's decision to either remove the case and withdraw no money or initiate payments.

(D) If withdrawals are authorized and if there are sufficient funds in the inmate's account to satisfy the amount shown as due, as long as the account retains twenty-five dollars for inmate expenditures, the designee shall promptly cause a check to be issued payable to the clerk of the court or other appropriate authority issuing the order. A check shall be drawn and charged or debited against funds in the inmate's account. At such time, the case shall be made inactive on the inmate's account. It shall be the designee's responsibility to see that the check is transmitted directly to the appropriate clerk of the court for disbursement or payment is made in another manner as directed by the court.

(E) If withdrawals are authorized and if there are insufficient funds in the inmate's account to satisfy the amount shown as due, a monthly check shall be issued payable to the appropriate clerk's office or in another matter as directed by the court, for the amount of monthly income received into the inmate's account which exceeds twenty-five dollars until the full amount of the court obligation has been paid. The hold shall remain on the inmate's account until sufficient funds have been paid to satisfy the amount shown as due on the balance remaining thereon.

(F) Nothing in this rule shall preclude the DRC from distributing earnings as set forth in rules 5120-3-09 and 5120-12-05 of the Administrative Code.

(G) If the inmate is released from the custody of the DRC before he/she has paid the full amount of the judgment upon his/her release, the designee shall send a notice to the appropriate clerk's office or other authority advising of the inmate's release, the inmate's last forwarding address, if known, and the fact that the inmate has not paid the full amount of the judgment. A copy of this notice shall be placed in the inmate's file and a copy given to the division of parole and community services if the offender is released under supervision.

(H) If the inmate is transferred to another institution or facility within the DRC during the time that there is an unsatisfied judgment with a monetary order and an active case on the inmate's account by reason thereof, a copy of the judgment with a monetary order shall be transferred with the inmate to such new institution or facility and the procedure specified above shall continue to apply. Collection of the court obligation will continue at any subsequent DRC institution or facility until payment in full can be made.

(I) Successive orders to pay a stated obligation will be collected as directed after each preceding judgment has been satisfied, unless otherwise directed by a court with proper jurisdiction.

(J) Pursuant to paragraph (B) of rule 5120-5-02 of the Administrative Code, an individual account record shall be maintained for each inmate in an institution which reflects all receipts and disbursements of funds from each account. The accounting, computations, and disbursements of such funds to pay a court ordered obligation shall be made in accordance with procedures established and approved by the DRC. The inmate shall be provided written notice each time monies are withdrawn from his/her account; and the final notice of disbursal shall be provided to the inmate when the court ordered amount has been paid in full.

Effective: 08/01/2013
R.C. 119.032 review dates: 04/02/2013 and 08/01/2018
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.01
Prior Effective Dates: 4/23/96, 6/15/98, 12/14/01, 5/12/08, 07/15/2011

5120-5-04 Administration of industrial and entertainment funds.

(A) The warden, with the approval of the chief of the division of business administration or designee, may establish an institution fund designated as the industrial and entertainment fund, which is created and maintained for the entertainment and welfare of the inmates.

(B) All funds designated for the entertainment and welfare of the inmates and received by an institution shall be deposited and maintained in the industrial and entertainment fund. Funds donated for specific purposes must be shown in separate subsidiary accounts of the industrial and entertainment fund. Income for this fund shall come from, but shall not be limited to, the following sources: commissary profits and interest, donations, vending machine commissions, interest from interest-bearing checking accounts (e.g., industrial arts fund and inmate personal fund), interest from institution investment accounts (e.g., savings accounts and certificates of deposit), transfer of funds under the provisions of the revised code and rules of the administrative code (e.g., closing inactive inmate accounts), and occupational and/or activities therapy projects (e.g., barber and beauty shops, shoe shine shops, gift shops, and car washes).

(C) All disbursements from the industrial and entertainment fund shall be used for purchases which exclusively benefit inmates. No disbursements will be approved for items to be used for the benefit of an individual inmate, inmate group, or employees. Disbursements from this fund may be made for, but shall not be limited to, the following: recreation equipment, entertainment, library supplies and equipment, video purchase, rental, and licensing, chapel expenses, occupational and/or activity therapy supplies, going-home clothes, inmate free postage, hygiene and legal kits, and repair and maintenance of equipment eligible for purchase with these funds. or specifically planned events (e.g., yard day), specialty food items may be purchased with the approval of the chief of the division of business administration or designee. Disbursements shall not be made for legal books required by department policy; such books shall be purchased through general revenue funds.

(D) Prior to making any expenditure in excess of five hundred dollars, approval shall be obtained from the chief of the division of business administration or designee. Six outside entertainment performances each fiscal year may be authorized by the warden, up to seven hundred fifty dollars for an individual performer and one thousand five hundred dollars for a group performance. Approval for additional performances or higher amounts shall be obtained from the chief of the division of business administration or designee. Such approval is not required for disbursements for items acquired for resale (e.g., photographic film for pictures). Disbursements shall not be divided into two or more payments or in any other manner to circumvent the securing of approval from the chief of the division of business administration or designee. Disbursements are subject to state procurement requirements unless prior written approval is obtained from the chief of the division of business administration or designee.

(E) The chief of the division of business administration may establish and maintain a central industrial and entertainment account which shall initially be funded by the transfer of industrial and entertainment funds from closed institutions. A portion of institution industrial and entertainment income may be transferred to continue this central account which shall be used for purposes consistent with this rule.

Replaces: 5120-5-04

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.131
Rule Amplifies: 5120.131
Prior Effective Dates: 4/19/75, 7/2/81, 8/25/85

5120-5-05 Inmate commissaries.

(A) Institutional commissaries are to be kept clean and in good order at all times.

(B) The managing officer or designee must approve all items sold in institutional commissaries. Items are to be sold at a reasonable price. Unless approved by the office of administration, an item is not to be sold at less than cost except as a means to reduce inventory of slow moving items. A current price list shall be posted for the inmates at least once every six months.

(C) The managing officer or designee shall establish and publish operating procedures governing inmate commissary privileges and file copies with the office of administration. Commissary shopping privileges shall not be extended to anyone other than inmates except in cases of extreme emergency or crises upon the approval of the managing officer or designee. Every inmate shall be provided the balance in his/her account before shopping.

(D) Unless an inmate transferee is received at an institution without personal funds, credit shall not be extended to inmates for shopping in commissaries, without the permission of the office of administration. An inmate transferee without personal funds may be advanced up to the cost of a lock and five dollars on his personal account for commissary shopping. The amount of credit is posted to the inmate's personal account as a debit and recovered from the first funds the inmate receives from any source. Newly incarcerated inmates received at reception shall not be considered inmate transferees.

(E) An inventory shall be taken at least monthly, and an accurate record shall be maintained by the commissary manager of all transactions affecting accountability, including, but not limited to, price increases or decreases, bonus items received, breakage, and spoilage. Commissary managers shall prepare monthly financial statements no later than the tenth of the month following the reporting period and retain on file after review by the managing officer or designee.

(F) Commissary revenue exceeding operating costs and cash reserves shall be considered profits. Profits from the commissary operation shall be paid into the industrial and entertainment fund. The department of rehabilitation and correction shall maintain at least one cash reserve account equal to two times the cost value of the average monthly inventory for the preceding fiscal year of its five largest commissaries. Reserve accounts shall be invested and the interest earned transferred to the industrial and entertainment fund.

(G) Expenditure of funds in excess of five hundred dollars for items other than merchandise for sale or operating supplies shall require prior approval of the chief of the division of business administration or designee.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.131
Rule Amplifies: 5120.131
Prior Effective Dates: 9/19/76, 10/11/82, 8/25/85, 12/1/05

5120-5-06 Industrial arts.

(A) This rule provides guidelines for industrial arts activities resulting in the sale of inmate arts and crafts or the provision of inmate personal services.

An industrial arts account or a subsidiary account to the industrial and entertainment account, including a cash journal, shall be established to cover all approved business transactions related to the sale of arts and crafts made or supplied by inmates and/or services provided to employees, with approval by the warden or designee. The establishment of an industrial arts account requires the approval of the chief of the division of business administration. Surplus funds accruing in the industrial arts account shall be transferred to the industrial and entertainment account.

(B) Inmate arts and crafts (e.g., painting, leather goods, jewelry, and wood crafts).

(1) Before arts and crafts activities commence, the cashier's office shall purchase, using industrial and entertainment funds, a vendor's license for state sales tax.

(2) Tools may be purchased from arts and crafts profits at the discretion of the warden or designee for use by inmates.

(3) Inmates shall purchase, using personal account funds, all raw materials and other supplies.

(4) The inmate shall establish a retail price for his/her arts and crafts items for sale.

(5) The warden or designee may provide a secure sales counter or other suitable method for selling arts and crafts to the general public, employees, or other inmates.

(6) The warden or designee shall maintain an inventory of arts and crafts that are available for sale. At least quarterly, periodic physical inventory counts shall be performed, and any discrepancies shall be forwarded to the institution investigator for review.

(7) If the cashier's office is not the point of sale, the warden or designee shall be responsible for collecting money at the point of sale and forwarding it to the cashier's office on a daily basis. The sales receipt, for each item sold, shall include the inmate name and number, retail amount, and sales tax. The original sales receipt shall be kept in the cashier's office, and copies shall be given to the inmate and the purchaser.

(8) The cashier's office is responsible for the accounting and distribution of monies, including state sales tax. Monies collected must first be used to pay operational expenses, sales tax, and the remainder shall be distributed monthly with eighty per cent credited to the inmate's personal account and twenty per cent remaining in the established account. Operational expenses for the sales counter (e.g., sales tickets, cash register, price tags, wrapping paper) shall be paid from the twenty per cent retained in that account.

(C) Inmate personal services (e.g., car washing and waxing, barber shop, and hair dressing).

(1) Any inmate personal services provided to employees shall be approved by the warden or designee. Personal services shall not be provided to employees who are on-duty if the employee must be present for the service to be performed.

(2) An employee shall purchase in advance pre-numbered tickets for personal services through the industrial arts sales counter, cashier's office, or other method as approved by the warden or designee. An employee may tip an inmate one ticket for personal services.

(3) Materials and supplies for use by the inmates in providing personal services shall be purchased through the established account.

(4) Inmates shall purchase required licenses using personal funds.

(5) The cashier's office is responsible for the accounting and distribution of monies, including state sales tax. Monies collected must first be used to pay operational expenses, sales tax, and the remainder shall be distributed monthly with sixty per cent credited to the inmate's personal account and forty per cent remaining in the established account.

(D) .The cashier's office shall prepare a monthly profit and loss statement for each inmate arts and crafts and personal service to ensure it is solvent. The institution's business administrator shall review these statements. In the event of a loss, plans should be initiated to ensure the service becomes solvent.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 ; 5120.131
Rule Amplifies: 5120.131
Prior Effective Dates: 9/19/75, 10/11/82, 7/2/90, 12/1/05

5120-5-07 Inmate groups fiscal activities.

(A) This rule establishes procedures for financial accountability of funds generated by inmate groups authorized under rule 5120-9-37 of the Administrative Code.

(B) Fund-raising activities

(1) In addition to any established dues for those groups that are associated with state or national organizations, groups may establish dues, not to exceed six dollars per year, per member, with the approval of the warden or designee.

(2) Inmate groups may, with the approval of the warden or designee, conduct fund-raising activities, including the sale of services or merchandise, which shall not be in competition with the commissary. A vendor license shall be obtained by each group selling services or merchandise, and sales tax must be paid in accordance with state law.

(3) Inmate groups may receive contributions from individuals or groups with prior approval from the warden or designee. Such contributions shall be made to the group to be used for the group's designated purpose and shall not be credited to any individual.

(4) The cashier shall account for money collected through fund-raising activities.

(C) Accountability

(1) Group accounts are to be maintained in a solvent position at all times. Purchase orders shall be issued only if there are sufficient funds available to cover all outstanding obligations. Inmate groups shall obtain approval from the warden or designee prior to making any expenditure in order to prevent a single member or group advisor from incurring expenses on behalf of the group. Other than items for resale, inmate groups shall obtain written approval from the chief of the division of business administration or designee prior to making any expenditure in excess of five hundred dollars.

(2) Receiving reports shall be prepared for all purchases. Vouchers shall be prepared in the cashier's office for payment.

(3) Inmate groups shall obtain written approval from the warden or designee and the chief of the division of business administration or designee, prior to creating a new account. The cashier's office, when processing inmate group fiscal activities, shall:

(a) Maintain each club's financial activity with a cash journal in a separate account, or as a subsidiary of the industrial and entertainment fund or general club checking account;

(b) Process cash slips and deposit all monies on a regular basis;

(c) Issue all checks for payment from the vouchers; and

(d) Report and pay all taxes due.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 9/19/75, 10/11/82, 8/25/85, 12/1/05

5120-5-08 Procedures for handling confiscated money.

(A) Any money, including but not limited to cash, check, or money order, in the possession of an inmate, or any money received by an inmate from an unapproved source or in an unapproved form, as defined by rule 5120-5-02 of the Administrative Code, shall be confiscated.

(B) The warden or designee shall log all confiscated money by showing the amount, date received, source, and other conditions of confiscation and disposition. The confiscated money shall then be forwarded, within a reasonable time, to the sender, if known. If the sender is not known after a reasonable effort, the money shall be disposed of on application to and order of any court having jurisdiction over the institution for deposit in the inmate's industrial and entertainment fund if not required as evidence in a criminal prosecution or rules infraction board proceeding. When the confiscated money is no longer required as evidence, the court application process should be initiated.

Replaces: 5120-5-08

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 3/1/76, 1/13/79, 8/1/80

5120-5-09 Employees' housing.

(A) General: The department of rehabilitation and correction may make certain housing facilities available for the use of institutional and departmental personnel who are officially assigned to or on duty at the various institutions. "Housing facilities" are defined as houses, apartments, or rooms, furnished or unfurnished, which are used for permanent or temporary dwellings.

(B) Rules and regulations governing housing: Managing officers shall be responsible for the housing program within the institution under their jurisdiction, shall issue regulations governing the assignment of quarters, the conduct of tenants of such quarters, and for the care of such quarters. Regulations issued by the institution shall not be in conflict with the general rules and regulations outlined below.

(1) No person may demand quarters as a matter of right or a condition of employment. Managing officers may determine whether an employee shall occupy quarters and may order that an employee vacate quarters.

(2) If occupancy of any rental unit drops to a point that annual rental income is lower than operating and maintenance expense, efforts shall be made to utilize the space for purposes other than employee housing.

(3) All housing accommodations, including garages, shall be identified by name or number, or both, and type of facility.

(4) Lessee can contract with a certified or licensed professional for alterations, repairs or changes to plumbing, electrical wiring, wall finishes, etc. All maintenance work shall be approved by the staff member responsible for housing maintenance, prior to action by the maintenance department, and shall be in conformance with state and local fire regulations and inspection requirements. All remodeling or major repairs must have prior approval by the division of business administration.

(5) The institution shall provide the necessary maintenance service to maintain rental quarters in good repair within the scope of funds available.

(6) The cost of utilities for houses and apartments, including outside telephone service, will be borne by the tenant. Where outside services are furnished, payment will be made by the tenant to the utility company. Where services are furnished by the institution, a reasonable cost will be determined by the department of rehabilitation and correction and added to rent for payroll deduction. Where utilities are furnished by the institution at a fixed charge, the employee tenants are expected to use prudent economy in the use thereof. Failure to comply shall be cause for removal from quarters. Superintendents shall take appropriate action where excessive utility costs are incurred or wasteful practices are observed.

(7) An apartment or single room may be shared by two institutional employees with the approval of the superintendent, in which case the payroll deduction may be made from the salary of either of the occupants. An apartment, house, or single room shall not be shared by an institutional employee and another person (non-employee) unless such person is the spouse, minor child, or dependent relative of such institutional employee.

(8) An inventory shall be taken each time that a furnished or semifurnished unit is rented and a copy of the inventory provided to the tenant. When a tenant vacates the property the inventory shall be checked to note any missing or damaged items. A perpetual inventory record of all state-owned property in each rental unit shall be maintained in the business office.

(9) Employee tenants will be responsible for replacement of any items not properly accounted for, and for repair or replacement of state-owned property damaged through actions of the tenant or resident members of his/her family, and pets.

(10) Linen or laundry services shall not be furnished for any house, apartment, or room with the exception of transient quarters.

(11) Employees shall not be assigned to perform domestic work in rooms, houses, and apartments, or grounds maintenance. The superintendent may assign or authorize inmates to perform occasional outside grounds maintenance or property maintenance under the direct supervision of appropriate employee.

(12) A staff member shall be designated by the superintendent to conduct annual inspections of all housing facilities to ascertain the general condition of the facilities and compliance with fire, housekeeping, and safety regulations. A report of inspection shall be made to the superintendent.

(13) Pets shall be kept under control at all times. Dogs and cats may be permitted by specific permission of the superintendent only in individual family dwellings. Horses, cattle and other livestock are not considered as pets for this purpose and shall not be permitted on rental property.

(14) Cooking shall not be permitted in rental units not provided with kitchen facilities.

(15) Employees and non-employees may share the same room at the corrections training academy.

(C) Rental rates.

(1) The chief of the division of business administration, with the approval of the director, shall issue periodically a rental rate schedule establishing the rental rates and utility rates to be charged for the various types of employee rental property.

(2) Rent shall be paid biweekly, in advance, by payroll deduction. Cash or checks collected from transient guests shall be forwarded weekly to the division of business administration for deposit to the property receipts fund.

(3) The rental charges designated for a particular housing unit are based upon the type of housing provided and shall be charged to any person occupying said quarters.

(4) Garage rental rates shall apply to any garage or parking facility not attached or considered part of a dwelling.

(5) Any exception to the rental rates outlined in this policy must be approved by the division of business administration.

(D) Inspection and review of housing: An inspection and review of the rental units at all institutions shall be made annually by a representative of the division of business administration, or designee, and at any other time by order of the director.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 7/18/76, 8/18/79

5120-5-11 Employee activity funds.

(A) This rule provides guidelines for the employee activity fund for each institution and adult parole authority region under the jurisdiction of the department of rehabilitation and correction.

(B) Subject to the approval of the chief of the division of business administration, the managing officer may establish an employee activity fund based upon a recommendation from the institution's or adult parole authority's joint labor management committee. This fund will cover all approved transactions related to income from vending areas designated solely for use by employees and from employee fundraisers.

(C) All funds received for specific purposes such as, but not limited to, combined charitable campaign and operation feed, shall be shown in a subsidiary account of the employee activity fund for such specific purposes and must be reflected in the total balance of the employee activity fund.

(D) All disbursements from the employee activity fund shall be used for purchases that provide for the benefit, welfare, morale, and productivity for employees and shall follow state purchasing guidelines. The joint labor management committee shall submit a plan of expenditures for approval by the warden or designee or adult parole authority regional administrator or designee. At the beginning of the fiscal year, the plan shall be sent to the appropriate regional deputy director or adult parole authority superintendent for review and then forwarded to the chief of the division of business administration. The chief of the division of business administration or designee shall then return to the warden or regional administrator final notification of approval. The institution or adult parole authority staff shall not obligate any such funds without a plan approved by the chief of the division of business administration or designee. Modifications to the approved plan shall follow the same procedure as the original plan. Disbursements from this fund shall be made upon approval of the warden or adult parole authority regional administrator and the joint labor management committee. All expenditures in excess of five hundred dollars require a request for approval (DRC 1229) signed by the chief of the division of business administration or designee.

Replaces: 5120-5-11

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.36
Prior Effective Dates: 4/23/1996, 3/28/1999

5120-5-12 Facility site selection.

(A) When the director of the Ohio department of rehabilitation and correction decides to seek proposals to build a facility in a particular geographic region of the state, this administrative rule shall govern the procedure to be utilized.

(B) For the purposes of this rule, "facility" shall be defined to include. But not to be limited to, correctional institutions, technical violator centers. intensive program prisons. and halfway houses.

(C) The director will develop criteria to be utilized to evaluate sites under consideration. Site criteria may vary depending on the size, security level or mission of the proposed facility.

(D) After selecting a geographic region, the director shall extend invitations to submit proposals for the facility to political jurisdictions within that area through letters to local jurisdictions, letters to elected state officials, newspapers, or other appropriate means of notification.

(E) A site selection panel will evaluate the proposals using the criteria developed for the facility, this panel may include representatives from the department of rehabilitation and correction, environmental protection agency, department of development, department of administrative services or other agencies as selected by the director of the department of rehabilitation and correction.

(F) After all proposals have been evaluated by the site selection panel, a short list of sites meeting all selection criteria will be developed. Sites on the short list will be then invited to make presentations to the site selection panel.

(G) Upon the recommendation of the site panel, the director shall make a final selection which best meets the needs of the department of rehabilitation and correction.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.42 , 5149.422
Rule Amplifies: 5149.422
Prior Effective Dates: 07/01/1996, 05/22/1998

5120-5-13 Correctional healthcare services co-payment.

(A) No inmate shall be denied needed medical treatment because of a lack of ability to pay. Inmates shall receive appropriate medical care based on their present need, without regard to financial status. Inmates shall be notified of the co-payment requirement during orientation.

(B) For the purposes of this rule, the following definitions apply:

(1) "Indigent inmate." An inmate is considered indigent if, at the time of the request for medical services, the inmate has earned or received less than twelve dollars during the immediately preceding thirty-day period, and if the inmate's account balance has not exceeded twelve dollars at any time during the immediately preceding thirty day period.

(2) "Medical emergency." Medical services that require an emergency trip outside the institution or an admission to an infirmary.

(C) All medical services initiated by an inmate through the appropriate health services request form will carry a two dollar inmate co-pay charge. All medical services initiated by an inmate through emergency procedures will not carry an inmate co-pay charge, if an actual emergency exists.

(1) If an inmate requests emergency medical procedures, and it is determined by medical staff that no actual medical emergency exists, the inmate will be charged a three dollar co-payment charge.

(D) The medical staff will notify the cashier's office of the inmate to be debited and the date of the visit. The cashier will then debit the account of the inmate.

(E) Inmates will not be charged a co-payment charge in the following circumstances:

(1) If the inmate is indigent, as defined by this rule.

(2) If the request for medical services is solely for a refill of a current, active prescription for which a refill is available.

(3) If the medical services are provided in an in-patient setting.

(4) If the request is for dental services.

(5) Medical services initiated by staff reporting requirements, including but not limited to sexual assaults, use of force and accident reports.

(F) Inmates may contest a co-pay charge by utilizing the inmate grievance procedures as provided by rule 5120-9-31 of the Administrative Code. Pursuant to this rule, an inmate's informal complaint, the first step in the grievance procedure, should be directed to the institution's health care administrator.

(G) Each institution shall make a copy of this rule available at the institution library.

Effective: 05/23/2014
R.C. 119.032 review dates: 01/10/2014 and 01/08/2019
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.56
Rule Amplifies: 5120.56
Prior Effective Dates: 5/16/98, 3/28/99, 8/5/2003, 1/12/2009

5120-5-14 Electricity usage co-payment.

(A) For the purposes of this rule, the following definitions apply:

(1) "Indigent inmate." An inmate is considered indigent if, at the time of the collection of the electricity usage co-payment, the inmate has earned or received less than twelve dollars during the immediately preceding thirty-day period, and if the inmate's account balance has not exceeded twelve dollars at any time during the immediately preceding thirty-day period.

(2) "Electronic appliance." A device that utilizes electricity to operate or to charge for which an inmate is issued a personal property title by an institution.

(B) Each month, the institution cashier's office shall debit one dollar as an electricity usage co-payment from the account of each inmate identified as being in possession of one or more electronic appliances.

(C) Inmates shall not be charged an electricity usage co-payment in the following circumstances:

(1) If the inmate is indigent, as defined by this rule.

(2) If the department of rehabilitation and correction is collecting from the inmate a court-ordered debt, civil filing fees, court costs and attorney fees, or child and/or spousal support obligations.

(3) If the inmate is able to show the electronic appliance is no longer in the inmate's possession or the inmate has been assigned to a security level at which the inmate is not permitted to use an electronic appliance. In the event the inmate shows non-possession, the personal property title will be voided.

(4) If the managing officer has issued an exemption to the inmate.

(D) Inmates shall be entitled to request a refund of the electricity usage co-payment from the cashier's office when the inmate is able to show placement in a special management, limited privilege or security status that prevented use of the electronic appliance for the entirety of the month in which the electricity co-payment was debited.

Inmates shall not be entitled to a refund of the electricity usage co-payment from the cashier's office if the inmate is released later in the month in which the electricity usage co-payment is debited or if the inmate's placement in a special management, limited privilege or security status that prevented use of the electronic appliance was not for the entirety of the month in which the electricity co-payment was debited.

(E) Inmates shall be notified of the electricity usage co-payment requirement during orientation.

(F) Inmates may contest an electricity usage co-payment charge by utilizing the inmate grievance procedure as provided by rule 5120-9-31 of the Administrative Code. Pursuant to this rule, an inmate's informal complaint, the first step in the grievance procedure, shall be directed to the cashier's office.

R.C. 119.032 review dates: 01/10/2014 and 01/10/2019
Promulgated Under: 111.15
Statutory Authority: 5120.56
Rule Amplifies: 5120.56
Prior Effective Dates: 07/15/2011