5120-9-33 Packages and property restrictions.

(A) In addition to the state-provided basic necessities, inmates may be permitted, subject to the limitations and conditions described in this rule, to possess certain items of personal property, which are not state issued.

(B) Excluding large titled items (e.g., televisions and typewriters etc.), state issued bedding, coats/jackets, and permitted shoes, an inmate may not possess more than 2.4 cubic feet of combined state and personal property unless specifically authorized pursuant to this rule.

(C) Individual items of personal property possessed by an inmate shall not exceed the value limit for that item. Individual value limits shall be reasonable and shall not unreasonably deprive the inmate of the ability to make purchases. The director shall approve a list of allowable items of personal property and the associated value limits. The list shall be distributed to all institutions and affirmatively communicated to the inmate population.

(D) Each inmate is responsible for ensuring that his personal property remain in conformity with the foregoing limitations. Property in excess of these limitations will be deemed contraband and disposed of pursuant to rule 5120-9-55 of the Administrative Code.

(E) Inmates may possess only personal property items received through an institutional commissary, and/or vendors identified by the director or designee.

(1) Inmates may order and receive food packages only from the vendor approved by the director or designee.

(2) Inmates may order and receive sundry packages (non-food personal property) only from vendors approved by the director or designee.

(3) Family members, friends and others (regardless of their inclusion on the inmate's approved visitation list) may order food and/or sundry packages, subject to the limitations of this rule, from the approved vendor or vendors, for the benefit of a designated inmate.

(F) Information on approved vendors, product availability and making purchases will be appropriately provided to inmates, family members and other interested parties.

(G) Inmates assigned to institutions with the following security designations are eligible to receive the corresponding total number of packages per year from any of the approved sources, subject to the exceptions noted below:

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Institutions whose physical construction facilitates the housing of inmates by different security designations shall permit inmates to receive packages according to their individual security level.

Exceptions: Non-cadre inmates assigned to a reception center, or inmates temporarily assigned to a medical center, may not receive packages. Inmates sent to outside hospitals, or inmates in disciplinary control, local control, an intensive prison program as identified by rule 5120-11-02 of the Administrative Code, or any other status specifically designated by the director may not receive packages.

(H) The director or designee may grant a warden's written request to include or exclude certain items of personal property based on the security, safety, space, control or other needs of a particular institution or individual. Approved institutional changes will be communicated in writing to the chief inspector and posted in the affected institution(s) as appropriate. Wardens shall have the authority to establish institutional rules governing the storage of inmate legal materials and commissary items.

(I) With the exception of any property excluded pursuant to paragraph (H) of this rule, inmates who legitimately possess personal property prior to April 1, 2000, may be permitted to retain (grandfather) said property until such time as said property becomes unusable. Institutional staff will ensure that any inmate's personal property being transferred to or received from another state correctional facility conforms to the 2.4 cubic foot limitation.

(J) Inmates shall not trade, sell, barter, loan, or give away any personal property to another inmate. Inmates shall maintain proof of ownership for all property possessed. Failure to maintain proof of ownership may result in denied claims for lost property. Inmates are responsible for immediately reporting a theft or loss and institutional personnel are responsible for conducting a timely investigation. Inmates may not order a food or sundry package for another inmate.

Effective: 04/15/2010
R.C. 119.032 review dates: 01/08/2010 and 01/12/2015
Promulgated Under: 111.15
Statutory Authority: 5120.01 , 5120.36
Rule Amplifies: 2921.36 , 5120.36 , 5120.42
Prior Effective Dates: 12/31/76, 1/13/79, 7/18/83, 6/1/87, 4/1/2000, 4/1/2005, 1/1/2007, 6/1/2009