Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-09 - Distribution of earnings

Current through all regulations passed and filed through July 1, 2024
Inmates in a work program are subject to the distribution of
				their earnings as follows:
(A) Up to
			 twenty per cent of gross earnings may be withheld to pay applicable
			 self-employment income taxes. Earnings withheld but not utilized
			 
								will be
			 returned to the inmate subject to the provisions of this rule.
(B) Net earnings 
								are
								 gross earnings less withholdings
			 pursuant to paragraph (A) of this rule.
(C) Up to twenty-five per cent of net
			 earnings may be provided to the verified dependents of the inmate.
(D) Up to twenty-five per cent of net
			 earnings may be used for restitution to the victim(s) of the inmate's
			 offense(s), if the inmate voluntarily requests or is under court order to make
			 restitution or to the reparations fund.
(E) Pursuant to an adopted department policy,
			 up to twenty-five per cent of net earnings may be used to reimburse the state
			 for room and board and for the expense of providing employment to the inmate.
			 Reimbursement to the state 
								will be at the average per diem cost of all
			 institutions of the department or twenty-five per cent of net earnings,
			 whichever is less. "Per diem cost" is the average daily cost for the preceding
			 fiscal year as calculated by the division of business administration each
			 September first.
(F) Not less than
			 twenty-five per cent of net earnings 
								will be deposited to the personal account of the
			 inmate.
(G) The department
			 
								is authorized
			 to establish a non-interest bearing savings account for each inmate.
			 Monthly net earnings after deductions pursuant to paragraphs (B) to (E) of this
			 rule deposited to the personal account of the inmate in excess of two-hundred
			 dollars 
								will be placed into the savings account for the
			 benefit of the inmate. Funds from the savings account may be used to satisfy
			 applicable taxes if necessary. Earnings withheld pursuant to paragraph (A) of
			 this rule and not used 
								will be deposited to the savings account. The
			 balance in the savings account 
								will be paid to the inmate upon release, or to
			 the person authorized to claim the inmate's property in the event of death, and
			 will be in lieu of the release payment specified in rule
			 5120-3-08 of the Administrative
			 Code. Inmates serving a sentence of a minimum of twenty-five years to life
			 without parole may make a request for savings disbursement to the managing
			 officer.
(H) Upon approval from the
			 managing officer or designee, inmates may be permitted to request withdrawals
			 from their savings account in the following limited circumstances. However, no
			 such withdrawals may be permitted to reduce the balance of a savings account to
			 a zero balance:
(1) To satisfy governmental
			 fines and debts.
(2) No more than
			 twice per calendar year to a verified minor dependent on the inmate's approved
			 visitor list.