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Ohio Laws and Rules
Chapter 5147: CONVICT LABOR
Effective Date: 04-09-1982
Effective Date: 09-30-1955
Effective Date: 04-09-1982
No articles or supplies manufactured under sections 5147.01 to
5147.26 of the Revised Code by the labor of convicts of state correctional
institutions shall be purchased from any other source for the state or its
institutions unless the department of rehabilitation and correction first
certifies, on requisition made, that the articles cannot be furnished.
Effective Date: 10-06-1994
Effective Date: 09-30-1955
The labor or time of any person confined in any workhouse or
jail shall not be let, farmed out, given, sold, or contracted to any person.
Work performed under a work-release program authorized under section
5147.28 of the Revised Code is not
in violation of this section. This section does not apply to any person serving a periodic
sentence under division (B) of section
2929.26 of the Revised Code,
insofar as that person is engaged between periods of confinement in the
person's regular trade or occupation for the support of the person or the
person's family. This section does not apply to prisoners participating in a
county jail industry program established under section
5147.30 of the Revised Code.
Effective Date: 01-01-2004
Persons confined in any workhouse or jail may be employed in
the manufacture of articles used by any department or public institution
belonging to or controlled by the political subdivisions supporting or
contributing to the support of any such workhouse or jail or to any political
subdivision of the state. Effective Date: 10-01-1953
The board or officer in charge of any workhouse or jail may
provide, prepare, and procure machinery, power, and shop room for the
manufacture of the articles specified in section
5147.13 of the Revised Code, and
may employ such persons as may be necessary to instruct persons confined in
such workhouses or jails in such manufacture. Effective Date: 10-01-1953
Except for articles manufactured in a county jail industry
program established under section
5147.30 of the Revised Code, no
articles other than those specified in section
5147.13 of the Revised Code shall
be manufactured by the labor of prisoners in any jail or workhouse. This
section does not prevent the employment by any political subdivision of any
person so confined, elsewhere than within the jail or workhouse where that
person has been committed. Effective Date: 11-08-1990
The board of county commissioners may purchase or lease beds of
limestone, or other suitable road-building material, after such material is
approved by the director of transportation as suitable for the construction of
roads, or such board may lease and operate a plant for the manufacture of brick
or other road-building materials or supplies needed for the construction or
maintenance of public roads in such county and employ a superintendent to
supervise the work. When such property is purchased or leased, the board shall
make the arrangements necessary to work the convicts of the county.
Effective Date: 09-28-1973
When the board of county commissioners has secured property and
completed arrangements for the working of its prisoners as provided in section
5147.16 of the Revised Code, a
court or magistrate may sentence persons convicted of offenses, the punishment
of which is, in whole or in part, imprisonment in the county jail or workhouse,
to be imprisoned at hard labor within such county for the same terms or periods
as are prescribed for their confinement in such jail or workhouse.
Effective Date: 10-01-1953
In counties which have secured property and completed
arrangements for the working of their convicts, the board of county
commissioners, whenever practicable, shall cause to be worked as provided in
sections 5147.01 to 5147.26, inclusive, of the Revised Code, all convicts
sentenced to imprisonment at hard labor, and also all male convicts, physically
capable of performing hard labor, confined in the county jail or workhouse for
failure to pay a fine in criminal prosecution, or who plead insolvency or
inability to pay such fine. A person confined for failure to pay a fine shall
be released when the fine has been discharged by his labor at the rates to be
fixed by such board. Effective Date: 09-03-1970
Except for prisoners participating in a county jail industry
program established under section
5147.30 of the Revised Code,
prisoners sentenced to hard labor under section
5147.18 of the Revised Code shall
be under the control of the board of county commissioners, which may enact
rules for the successful working of those prisoners according to sections
5147.01 to
5147.20 of the Revised Code.
Sections 5147.01 to
5147.20 of the Revised Code do not
authorize taking a prisoner convicted in a city from the control of the proper
officer of the city and transferring him into the control of the board.
Effective Date: 11-08-1990
When a prisoner sentenced to imprisonment at hard labor under
section 5147.17 of the Revised Code,
becomes sick or incapacitated for work, or the board of county commissioners
finds it impracticable to employ him, the prisoner shall be taken forthwith
before the court or magistrate which imposed the sentence and he shall be
resentenced to confinement in the jail or a workhouse for the unexpired portion
of his sentence. If such prisoner becomes able to labor before completing his
sentence, or if the board finds it practicable to employ him, he shall be
liable to work, as provided in section
5147.18 of the Revised Code.
Effective Date: 10-01-1953
The board of county commissioners may employ a superintendent
and such guards and attendants as are necessary for the safekeeping, proper
working, and welfare of its convicts, and, in all other respects, shall make
efficient the service contemplated in sections 5147.01 to 5147.26, inclusive,
of the Revised Code. Effective Date: 10-01-1953
Except for prisoners participating in a county jail industry
program established under section
5147.30 of the Revised Code, the
board of county commissioners, or officer in charge of any workhouse or jail,
shall place to the credit of each prisoner the amount of the prisoner's
earnings that the board or officer considers equitable and just, taking into
consideration the character of the prisoner, the nature of the crime for which
he is imprisoned, and the prisoner's general deportment. The board or officer
may cancel any portion of that credit for violation of the rules, want of
propriety, or other misconduct. When such earnings are credited to any such
prisoner and the prisoner has a child under the age of sixteen or a spouse, the
board or officer in control of the workhouse or jail shall pay the earnings
weekly to the person having custody of the child, to any incorporated humane
society that will serve as trustees for the child without compensation, or to
the spouse of the prisoner, as the board or officer determines. When the
prisoner has no such child or spouse, the earnings shall be paid to the
prisoner upon discharge. Effective Date: 11-08-1990
Effective Date: 04-09-1982
The department of rehabilitation and correction, in accordance
with rules adopted pursuant to division (B) of section
5145.03 of the Revised Code, may
detail, temporarily, from a state correctional institution, with the consent of
the managing officer of the institution, any inmates under its control, to
perform specified labor. Effective Date: 10-06-1994
(A)
The court
of common pleas and each municipal and county court in a county in which all of
those courts agree on uniform standards may provide by rule for a work-release
program to permit any prisoner in a county or city jail or workhouse, other
than a prisoner sentenced under a non-suspendable sentence, to be employed with
the prisoner's consent outside of the jail or workhouse. In any county in which
the common pleas court, after reasonable efforts to obtain such an agreement,
determines that such an agreement is not possible, the court, after reasonable
notice to all interested courts and officials, shall place into effect rules of
the court making provision for a work-release program available to all courts
within the county. These rules shall limit the participants eligible for the
work release program at any one time to a number established by the officer in
charge of the county or city jail or workhouse in which the prisoners are
confined. The limit shall be based upon the number of beds that may be
allocated for the work release program under the classification plan of the
facility adopted pursuant to rules adopted pursuant to section
5120.10 of the Revised Code.
(B)
Any court that establishes a
work-release program under division (A) of this section shall adopt rules
prescribing the conditions under which a prisoner is to leave the jail or
workhouse during the hours of the prisoner's employment and go to and from
work. The rules shall limit the hours of work-release to the hours of work plus
a reasonable period of time for travel to and from the work site. The rules
shall require a prisoner requesting additional travel time or modification to
the hours of employment to justify the need for the additional travel time or
modification to the hours of employment.
(C)
Upon approval of the sentencing judge
located in any jurisdiction having a work-release program and subject to
division (A) of this section, any person sentenced to a county or city jail or
workhouse shall be permitted to participate in a work-release program. The
sentencing judge may modify the conditions of work-release as the judge
considers appropriate.
(D)
The
court shall not assign a prisoner to work in an establishment where a legally
constituted strike is in process.
(E)
Any prisoner participating in a
work-release program shall be paid remuneration, subject to garnishment, and
have hours and other conditions of work that are substantially equal to those
prevailing for similar work in the locality.
(F)
If the officer in charge of the county or
city jail or workhouse believes that a prisoner participating in the
work-release program has violated the conditions of work-release, the officer
may temporarily suspend the prisoner's work-release privileges pending the
outcome of the hearing described in this division. The officer shall provide
notice to the prisoner and to the sentencing judge on the next day that the
court is in session. The sentencing judge shall hold a hearing to determine
whether the prisoner violated the conditions of work-release and, if the
prisoner is found to have violated the conditions of work release, take
appropriate action.
Effective Date: 10-16-1996
(A)
A
prisoner participating in a work-release program shall surrender his earnings,
less standard payroll deductions required by law, to a person designated by the
court which has established the work-release program.
(B)
The person designated by the court to
collect the earnings of the prisoner shall maintain complete and accurate
records as to all prisoners employed in a work-release program with respect to
all moneys received and disbursed. Each prisoner shall be furnished a written
statement of his account at least every sixty days.
(C)
The earnings of the prisoner
participating in a work-release program shall be disbursed in the following
order: (1)
Reimbursement of the county or
city for the direct costs of administering the program and the cost of boarding
the prisoner in accordance with division (D) of this section;
(2)
Support of the prisoner's dependents as
ordered by the sentencing judge;
(3)
Necessary travel expenses to and from
work and other expenses incidental to employment;
(4)
Payment of fines, court costs, and debts
acknowledged by the prisoner in writing subsequent to his sentencing or which
have resulted in garnishment or other attachment of personal earnings;
(5)
The balance to the prisoner
upon discharge from the sentence.
(D)
The court may establish rules to
determine the amount of the payments that are required to be made under
division (C)(1) of this section from a prisoner's earnings to reimburse the
county or city for the costs of boarding the prisoner while on the work-release
program. The rules shall require the payment for each day of boarding to be
based upon a uniform schedule based upon the average weekly earnings of the
prisoner and upon the number of persons actually dependent upon the prisoner
for their support. The payment may be less than, but shall not exceed, the
actual cost of boarding the prisoner for a day.
Effective Date: 06-19-1978
(A)
As used in this section, "prisoner" means
any person confined in the county jail in lieu of bail while awaiting trial,
any person committed to jail for nonpayment of a fine, or any person sentenced
by a court to the jail.
(B)
A
board of county commissioners, by resolution adopted by a majority vote of its
members, may approve the establishment of a county jail industry program for
its county in accordance with this section.
(C)
Upon the adoption by the board of the
resolution described in division (B) of this section, a jail industry board
shall be established, consisting of three voting members appointed by the board
of county commissioners, three voting members appointed by the county sheriff,
and one voting member appointed jointly by the board of county commissioners
and the county sheriff. One of these voting members shall have knowledge of and
experience in the social services, one in the field of labor, one in law
enforcement, and one in business. The initial appointments to the jail industry
board shall be made on the same date. Of the initial appointments, one by the
board of county commissioners and one by the county sheriff shall be for terms
ending one year after the date of appointment, two by the board of county
commissioners and two by the county sheriff shall be for terms ending two years
after that date, and the joint appointment shall be for a term ending three
years after that date. Thereafter, terms of office for all appointed members
shall be for three years, with each term ending on the same day of the same
month as did the term that it succeeds. Any vacancy on the board shall be
filled in the same manner as the original appointment. Any member appointed to
fill a vacancy occurring prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office as a member for the
remainder of that term. Any member shall continue in office subsequent to the
expiration date of the member's term until the member's successor takes office,
or until a period of sixty days has elapsed, whichever occurs first. The jail industry board, by majority vote, may appoint
additional persons to serve as nonvoting members of the board. Each member of the jail industry board shall be reimbursed for
expenses actually and necessarily incurred in the performance of the member's
duties as a board member. The board of county commissioners, by resolution,
shall approve the expenses to be reimbursed. (D)
A jail industry board established under
division (C) of this section shall establish a program for the employment of as
many prisoners as possible, except those unable to perform labor because of
illness or other health problems, security requirements, routine processing,
disciplinary action, or other reasonable circumstances or because they are
engaged in education or vocational or other training. The employment may be in
jail manufacturing and service industries and agriculture, in private industry
or agriculture that is located within or outside the jail, in public works, in
institutional jobs necessary for the proper maintenance and operation of the
jail, or in any other appropriate form of labor. The county shall attempt to
employ, provide employment for, and seek employment for as many prisoners as
possible through the program. The county is not required to provide employment
for every employable prisoner when the available funds, facilities, or jobs are
insufficient to provide the employment; however, a county that has a county
jail industry program shall continuously seek sources of employment for as many
employable prisoners as possible.
(E)
The jail industry program established
under division (D) of this section shall do all of the following: (1)
Establish a system for assigning
prisoners to perform jobs, for periodically evaluating the job performance of
each prisoner, and for periodically evaluating the qualifications of each
prisoner for other jobs;
(2)
Attempt to provide jobs and job training for prisoners that will be useful to
them in obtaining employment when released, except that institutional jobs at
the jail need not be related to any previous employment of the prisoner or
relevant to any job the prisoner intends to pursue after release from jail;
(3)
Establish an accounting system
to administer and allocate the earnings of each prisoner. The accounting system
may permit earnings to be used for payment of the employee taxes and workers'
compensation of the prisoner, for reimbursing the county for room and board and
for the expense of providing employment to the prisoner, for restitution to the
victims of the prisoner's offenses if the prisoner voluntarily requests or is
under court order to make restitution payments, for fines and court costs, for
support of the dependents of the prisoner, and for an account for the prisoner.
(4)
Require all persons who employ
prisoners to meet all applicable work safety standards.
(F)
The jail industry board, with the
approval of the county sheriff, shall adopt rules for the establishment and
administration of the jail industry program. The rules shall provide for all of
the following: (1)
A procedure for seeking
the employment of prisoners in penal industries and agriculture, in private
industry and agriculture located within or outside the county jail, in public
works, in institutional jobs necessary for the proper maintenance or operation
of the county's institutions, and in other appropriate forms of labor;
(2)
A system of compensation,
allowances, hours, conditions of employment, and advancement for prisoners
employed in any form of labor;
(3)
The regulation of the working conditions of prisoners employed in any form of
labor;
(4)
An accounting system
for the allocation of the earnings of each prisoner;
(5)
Any other rules on any subject that are
necessary to administer the program or to provide employment for as many
prisoners as possible.
(G)
In establishing and administering a
county jail industry program, the board of county commissioners, upon the
recommendation of the jail industry board and the county sheriff may do any of
the following: (1)
Enter into contracts with
private industry, agriculture, and other organizations or persons, and receive
grants to establish test work programs within or outside institutions under the
control of the county;
(2)
Enter
into contracts with private industry for the establishment of manufacturing and
service industries within or near institutions under the control of the county
for the employment of prisoners;
(3)
Enter into contracts with private
industry, agriculture, and other organizations or persons to provide employment
for prisoners;
(4)
Enter into any
other contracts or perform any other functions that are necessary for the
county jail industry program.
(H)
The jail industry program established
under division (D) of this section shall be administered in accordance with any
rules adopted by the jail industry board pursuant to division (F) of this
section and with the following requirements: (1)
The county sheriff at all times shall be
responsible for the security and discipline of the prisoners in the program.
the sheriff shall adopt a procedure for the discipline of a prisoner who
violates the requirements of a job in the program, and the sheriff may remove a
prisoner from the program if the sheriff determines that considerations of
security or discipline require it.
(2)
When the sentence imposed on a prisoner
includes a specification pursuant to division (E) of section
2929.24 of the Revised Code,
authorizing the county sheriff to consider the prisoner for participation in
the county jail industry program, the sheriff shall review the qualifications
of the prisoner and determine whether the prisoner's participation in the
program is appropriate.
(3)
When
making the initial job assignment for a prisoner whom the county sheriff has
approved for participation in the program, the board shall consider the nature
of the offense committed by the prisoner, the availability of employment, the
security requirements of the prisoner, the prisoner's present state of mind,
the prisoner's jail record, and all other relevant factors. When making the
initial job assignment of a prisoner, the board shall attempt to develop the
work skills of the prisoner, provide the prisoner rehabilitation, consider the
proximity of the job to the prisoner's family, and permit the prisoner to
provide support for the prisoner's dependents if the prisoner's earnings are
sufficient to make that feasible.
(4)
Each prisoner shall be required to
perform satisfactorily the job to which the prisoner is assigned, be permitted
to be absent from that job only for legitimate reasons, be required to comply
with all security requirements, and be required to comply with any other
reasonable job performance standards.
(5)
A prisoner who violates the work
requirements of any job shall be disciplined pursuant to the disciplinary
procedure adopted by the county sheriff pursuant to division (H)(1) of this
section.
Effective Date: 01-01-2004
Effective Date: 04-09-1982
5147.05 [Repealed].
5147.06 [Repealed].
5147.07 Purchasing supplies.
5147.08 to 5147.11 [Repealed].
5147.12 Labor of prisoners not to be sold.
5147.13 Prisoners in workhouses or jails may be employed to manufacture articles for public institutions.
5147.14 Authority to procure equipment.
5147.15 Employment of prisoners.
5147.16 Purchase or lease beds of limestone, or other suitable road-building material.
5147.17 Sentence of hard labor in county.
5147.18 Duty of county commissioners to work prisoners at hard labor.
5147.19 Control of prisoners at hard labor.
5147.20 Resentence of prisoner sick or incapacitated for work.
5147.21 Board of county commissioners may employ superintendent.
5147.22 Earnings of prisoners.
5147.23 to 5147.26 [Repealed].
5147.27 Temporary details to specified labor.
5147.28 Court may establish work-release program.
5147.29 Collection and disbursal of prisoner's earnings from work-release program.
5147.30 County jail industry program.
5147.99 [Repealed].