Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-5 - Funds › Section 5120-5-03 - Court order for payment of funds from inmate's account

Current through all regulations passed and filed through July 1, 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.