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.

Cite as Ohio Admin. Code 5120-5-14

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

Prior History: (Effective: 07/15/2011
R.C. 119.032 review dates: 01/12/2016
Promulgated Under: 111.15
Statutory Authority: 5120.56
Rule Amplifies: 5120.56)