Ohio Administrative Code
Title 5120 - Department of Rehabilitation and Corrections - Administration and Director
Chapter 5120-3 - Prisoner Employment
Section 5120-3-06 - Work program assignments for inmates
Current through all regulations passed and filed through March 18, 2024
(A) It is the policy of the department that inmates not be assigned, transferred, or removed from a work program assignment for punitive purposes, and that such assignment, transfer, or removal not be related to discipline for rule infractions, except insofar as infractions are job related and manifest an inability on the part of the inmate to function in the job or at the job location.
(B) Work program assignments of inmates are to be made by a committee appointed by the managing officer of the institution which shall be known as the WPAC. The committee should:
(C) Whenever the WPAC considers a substantial change in the inmate's work program assignment, the WPAC may schedule a conference with the inmate and at least one member of the WPAC. The inmate will receive written notice of the conference at least forty-eight hours in advance, which will inform the inmate of the purpose of the event, that the inmate has a right to speak with at least one member of the WPAC and that; he may speak or submit a written statement regarding the program change under consideration. The inmate may waive this conference.
(D) Following the conference with the inmate, the committee is to make a written record of the conference for the unit management file. The committee will then recommend whether or not a program change is appropriate. The recommendation will be given to the managing officer for final decision. The inmate may submit written comments or objections to the managing officer of his designee, concerning the recommendation of the WPAC.
(E) The inmate may appeal the decision of the managing officer to the bureau of classification and reception within five days of being notified of the decision. The appeal must specify the grounds clearly and in detail. The decision of the bureau of classification and reception is final; decisions made by the managing officer are not stayed pending any appeal.
(F) The WPAC considers and decides all proposed promotions, demotions and probationary removals of inmates. A removal from a work program assignment is considered a demotion within the context of this chapter of the Administrative Code. The WPAC also considers and decides any requests for transfers between work program assignments in the same institution.
(G) Promotional or lateral program reassignments, and shop transfers, are to be handled by the WPAC. Referrals may be made by any work supervisor, institution committee or inmate applicant. The referral or request will be given to the job coordinator who makes a recommendation for or against the requested action. The job coordinator sends the referral and their recommendation to the WPAC. The job coordinator includes any relevant information pertaining to the inmate's work experience and training, and recommends primary and secondary program placements.
(H) In the case of any job reassignment or transfer requests, the WPAC is to include the inmate's custody level and the time to be served.
(I) Work program supervisors will prepare a performance evaluation of each inmate at the end of each probationary period and each year thereafter. A special performance evaluation will be prepared for inmates being recommended for promotion or demotion. A copy of each performance evaluation shall be forwarded to the job coordinator and to the unit record file of the inmate.
(J) An inmate may be removed from an institutional work program for disciplinary reasons if the inmate is convicted of a job-related or security-related rules infraction, pursuant to rules 5120-9-06 to 5120-9-08.1 of the Administrative Code. Removal may be recommended to the WPAC by the rules infraction board as part of its sanction or referred to the WPAC in the appeal process. Conviction of a serious security violation by the serious misconduct panel under rule 5120-9-08.1 of the Administrative Code will result in immediate removal from a work program.
(K) The managing officer or his designee may assign an inmate to a temporary job at any time based on institution needs.