Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-9 - Use of Force; Institutional Rules › Section 5120-9-32 - Inmate property claims

Current through all regulations passed and filed through July 1, 2024
(A) If an inmate in a state correctional
			 institution has a claim against the department of rehabilitation and correction
			 for the loss of or damage to personal property and the amount claimed does not
			 exceed three hundred dollars, before commencing an action against the
			 department of rehabilitation and correction in the court of claims of Ohio, the
			 inmate shall first attempt to resolve the matter by following the inmate
			 grievance procedure as set forth in rule
			 5120-9-31
			 of the Administrative Code.
(B) The
			 claim shall be filed 
								utilizing the inmate grievance procedure (rule
			 5120-9-31
			 of the Administrative Code) no later than ninety days prior to the
			 expiration of the time allowed for commencement of a civil action based upon
			 the loss or damage to property under section
			 2743.16 of the Revised Code.
			 Pursuant to section 2743.16 of the Revised Code,
			 civil actions against the state for the loss of or damage to personal property
			 shall be commenced no later than two years after the date of accrual of the
			 cause of action or within any shorter period that is applicable to similar
			 suits between private parties. The filing of the claim as a grievance does not
			 toll the time allowed for the commencement of a civil action based upon the
			 loss or damage to property under section
			 2743.16 of the Revised
			 Code.
(C) The inspector of
			 institutional services shall provide a written response to the claim. The written response shall
			 summarize the inmate's claim, describe what steps were taken to investigate the
			 claim, and the inspector of institutional service's findings and decision. If
			 the inmate's claim is determined to have merit, the inspector of institutional
			 services, subject to the warden's concurrence, shall make an offer to
			 compromise the claim to the inmate. The offer to
			 compromise the claim may be monetary or non-monetary.
(D) If the inmate accepts
			 
								a
			 monetary offer to compromise, a payment shall be made to the inmate's
			 institutional account from general revenue funds appropriated to the department
			 of rehabilitation and correction. Such payment is subject to withdrawal from
			 such account as may be necessary to pay a court ordered obligation pursuant to
			 rule
			 5120-5-03
			 of the Administrative Code. The inmate's acceptance of
			 
								a monetary
			 offer to compromise and payment credited to the inmate's institutional account
			 shall constitute a full and complete release of liability for the claim. Such a
			 monetary compromise payment shall be the
			 
								final remedy against the department of rehabilitation
			 and correction and the state of Ohio.
(E)
								Institutions may
			 utilize contraband valued at one hundred dollars or less to make non-monetary
			 offers to compromise by order of the warden or designee after the institution
			 has attempted to contact or idedntify the owner of the personal property and
			 those attempts have been unsuccessful, or the inmate who owns the personal
			 property agrees in writing to the disposal of the contraband property.
			 Institutions may utilize contraband valued at over one hundred dollars which
			 has been forfeited by court order to make non-monetary offers to compromise
			 only if the court order of forfeiture states that the forfeited contraband may
			 be utilized by the institution for such a purpose. Institutions may also
			 utilize donated property or property abandoned by an inmate upon release to
			 make a non-monetary offer to compromise. If the inmate accepts a non-monetary
			 offer to compromise, the item of property shall be re-titled to the inmate if
			 appropriate. The inmate's acceptance of an offer to compromise and the
			 documented receipt of the replacment item shall constitute a full and complete
			 release of liability for the property claim. Such a non-monetary compromise
			 shall be the final remedy against the department of rehabilitation and
			 correction and the state of Ohio.
(F) If the department
			 of rehabilitation and correction denies the grievance or does not compromise
			 the claim at least sixty days prior to the expiration of the time allowed for
			 the commencement of an civil action based upon the loss or damage under section
			 2743.16 of the Revised Code, as
			 set forth in paragraph (B) of this rule, the inmate may commence an action in
			 the court of claims of Ohio under Chapter 2743. of the Revised Code to recover
			 damages for the loss or damage.
Five Year Review (FYR) Dates:
				1/16/2020 and
				01/10/2025
Promulgated
				Under: 119.03
Statutory Authority: 5120.01, 2743.02
Rule
				Amplifies: 2743.02
Prior Effective Dates: 06/01/2004, 04/15/2010,
				09/07/2015