Ohio Administrative Code
Title 5120 - Department of Rehabilitation and Corrections - Administration and Director
Chapter 5120-3 - Prisoner Employment
Section 5120-3-08 - Inmate compensation for work program assignments and related matters
Current through all regulations passed and filed through March 18, 2024
(A) Inmates who are assigned to work programs, other than those operated by Ohio penal industries or other employment promulgated pursuant to rules 5120-3-03 and 5120-3-04 of the Administrative Code, are enrolled in institutional school programs or who are unassigned, will receive compensation according to the following schedule:
Those inmates who are full-time students or part-time students with part-time work assignments shall be considered general labor grade within the proper security level for purposes of determining the monthly rate of pay.
(B) Overtime and incentive rates of compensation.
(C) The rules infraction board may recommend a reduction of future compensation for restitution due to a rules infraction as specified in rule 5120-9-08 of the Administrative Code. Reductions require the approval of the managing officer, that they not exceed fifty per cent of normal compensation and that they not be reduced below three dollars.
(D) Work assignment hours shall be determined by calculating the number of hours spent on the work assignment in an average month. An "average month" is twenty-two working days for a five-day-per-week assignment. Only hours of actual work are eligible to be counted for less than full-time assignments.
(E) Reasonable time spent on visits, sick call, official pass, or for other reasons approved by the managing officer or his designee do not affect the calculation of work assignment hours.
(F) As far as practicable, changes in work assignments which result in a change of pay category or grade, should be made at the beginning of the month. For changes of pay category or grade occurring at quarter-month intervals, compensation for each quarter will be made according to the assignment for each quarter. For changes of category or grade occurring within any quarter-month, the assignment which was held longer will determine the compensation for that quarter-month. The smallest time unit for determining compensation is a quarter-month.
(G) Personal account. Compensation paid to an inmate pursuant to this rule is to be placed in the inmate's "personal account." At the request of the inmate, funds not exceeding the amount on deposit in that inmate's "personal account" may be drawn from that account and paid to the inmate's family. The inmate may draw against his or her "personal account" to purchase items kept for sale by the institution. The managing officer may authorize other expenditures. Any balance remaining in an inmate's personal account at the time of his lawful release may be paid to such inmate upon such release.
(H) Release procedure. In addition to the compensation paid to their personal account pursuant to this rule, each inmate will be paid upon release an amount to be determined by the division of business administration based upon appropriate funds, provided that such compensation is paid only to inmates released directly from the institution into the community and is not be paid to any inmate who is released to a detainer or released during an absence with leave, including, but not limited to, an inmate released directly from the custody of the county sheriff following a judicial release pursuant to section 2929.20 of the Revised Code.
Inmates who have compensation credited to their release account prior to the adoption of this rule will receive the amount credited or the amount paid under this rule, whichever is greater.
(I) The institution may furnish appropriate clothing to an inmate upon release.
(J) An inmate who is unable to obtain transportation to the place to which he is paroled may be provided such transportation and necessary meal costs at the discretion of the managing officer. Transportation will be provided at the lowest cost available with the institution purchasing non-refundable tickets for this purpose.
(K) Compensation paid pursuant to this rule may be from designated special purpose funds or the prisoner compensation fund.