This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5120-5-01 | Transfer of funds for inmates transferred to the department of mental health or department of mental retardation and developmental disabilities.
Effective:
March 28, 2024
(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 are not 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 will 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.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-02 | Inmate funds.
Effective:
March 28, 2024
(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 officer, any transaction the managing officer has cause to
believe is for an unlawful purpose, and any other source where the managing
officer 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 officer, 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 will 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 will 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 will be
issued in the amount of such interest to the industrial and entertainment fund.
All deposits and investments from inmates' consolidated funds will 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 officer.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-03 | Court order for payment of funds from inmate's account.
Effective:
March 28, 2024
(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 will 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 will 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 will 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 will 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 will
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 will 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. Notice will be given to the inmate regarding 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 will promptly cause a check to be issued payable to
the clerk of the court or other appropriate authority issuing the order. A
check will 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 is 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 will 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 will 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 precludes 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 is
to 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 will 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 will 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.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-04 | Administration of industrial and entertainment funds.
Effective:
March 28, 2024
(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 includes, but is 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
are not 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. For 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 should not be made for legal books
required by department policy; such books are to 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 is to 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 are not be 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 is initially 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 and be used for purposes consistent with this rule.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-05 | Inmate commissaries.
Effective:
March 28, 2024
(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 will be posted for the inmates at least once
every six months. (C) The managing officer or designee will
establish and publish operating procedures governing inmate commissary
privileges and file copies with the office of administration. Commissary
shopping privileges are not to 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 will be provided the balance in his/her
account before shopping. (D) Unless an inmate transferee is
received at an institution without personal funds, credit is not to 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 inmates
personal account as a debit and recovered from the first funds the inmate
receives from any source. Newly incarcerated inmates received at reception are
not to considered inmate transferees. (E) An inventory will be taken at least
monthly, and an accurate record will 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 are to 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 are considered profits. Profits from the
commissary operation are to 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 requires prior approval of the chief of the division of business
administration or designee.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-06 | Industrial arts.
Effective:
March 28, 2024
(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
will 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 will 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 are
responsible for purchasing, using personal account funds, all raw materials and
other supplies. (4) The inmate will
establish a retail price for his/her arts and crafts items for sale. Payment in
excess of an item's retail price is to be deposited to the industrial arts
account for operational expenses for the sales counter, not for inmate
incentives (e.g., monetary tips or otherwise) for creating items. (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 will maintain an inventory of arts and crafts that are available for
sale. At least quarterly, periodic physical inventory counts are to be
performed, and any discrepancies forwarded to the institution investigator for
review. (7) If the cashier's
office is not the point of sale, the warden or designee is 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, should include
the inmate name and number, retail amount, and sales tax. The original sales
receipt is to be kept in the cashier's office, and copies 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 sales tax and the
remainder will be distributed monthly with eighty per cent credited to the
inmate's personal account and twenty per cent remaining in the established
account for operational expenses such as sales tickets, cash register, price
tags and wrapping paper. (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 may
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 only tip an inmate one
ticket that is equivalent to the value of each personal service
rendered. (3) Materials and
supplies for use by the inmates in providing personal services are to be
purchased through the established account. (4) Inmates are
responsbile for purchasing 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 sales tax and the
remainder is to be distributed monthly with sixty per cent credited to the
inmate's personal account and forty per cent remaining in the established
account for operational expenses (shears and materials for supplies for car
washes and shoe shines). (D) The cashier's office will
prepare a monthly profit and loss statement for each inmate arts and crafts and
personal service to ensure it is solvent, which will be reviewed by the
institution's business administrator . In the event of a loss, plans
should be initiated to ensure the service becomes solvent.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-07 | Inmate groups fiscal activities.
Effective:
March 28, 2024
(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. Each group selling services or merchandise is
responsible for obtaining a vendor's license, 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 are to be made to the group to be used
for the group's designated purpose and not be credited to any
individual. (4) The cashier will
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 will 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
will be prepared for all purchases. Vouchers will 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, will: (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.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-08 | Procedures for handling confiscated money.
Effective:
March 28, 2024
(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 is responsible
for creating a log all confiscated money by showing the amount, date received,
source, and other conditions of confiscation and disposition. The confiscated
money will then be forwarded, within a reasonable time, to the sender, if
known. If the sender is not known after a reasonable effort, the money is to 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.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-09 | Employees' housing.
Effective:
March 28, 2024
(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 are responsible for the housing program within the
institution under their jurisdiction, and are responsible for issuing
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 should not conflict with the general rules and regulations outlined
in this paragraph. (1) No person may demand
quarters as a matter of right or a condition of employment. Managing officers
may determine whether an employee is to 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 should be made to utilize the space for
purposes other than employee housing. (3) All housing
accommodations, including garages, will 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 will
be approved by the staff member responsible for housing maintenance, prior to
action by the maintenance department, and will conform to 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 will
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 is cause for removal from quarters. Superintendents will 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 will 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 is to 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 will be checked to note any missing or damaged items. A perpetual
inventory record of all state-owned property in each rental unit will 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 are not
responsible for performing 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,
designated by the superintendent, will 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 will 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 is not
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, will
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 are to 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 will be charged to any person occupying said
quarters. (4) Garage rental rates
will 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.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-11 | Employee activity funds.
Effective:
March 28, 2024
(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, are to 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 will follow state
purchasing guidelines. The joint labor management committee is
responsible for submitting 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 is to 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 then will provide
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 will 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.
Last updated April 3, 2024 at 1:26 PM
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Rule 5120-5-12 | Facility site selection.
Effective:
April 19, 2024
(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 governs the procedure to be utilized. (B) For the purposes of this rule,
"facility" is 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 will 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 will make a final selection which best meets the needs
of the department of rehabilitation and correction.
Last updated April 19, 2024 at 7:48 AM
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Rule 5120-5-13 | Correctional healthcare services co-payment.
Effective:
March 28, 2024
(A) No inmate will be denied needed
medical treatment because of a lack of ability to pay. Inmates will 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 will make a copy of this rule available at
the institution library.
Last updated April 3, 2024 at 1:26 PM
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