Current through all regulations passed and filed through September 16, 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.
