(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.
Prior History: (Effective:
R.C. 119.032 review dates: 01/12/2016
Promulgated Under: 111.15
Statutory Authority: 5120.56
Rule Amplifies: 5120.56)