Ohio Administrative Code › Title 5120 - Department of Rehabilitation and Corrections - Administration and Director › Chapter 5120-3 - Prisoner Employment › Section 5120-3-05 - Compensation and benefits for inmates assigned to Ohio penal industries

Current through all regulations passed and filed through July 1, 2024
(A) In order to approximate the type of work
			 atmosphere and conditions in private industry, inmates assigned to work
			 programs operated by Ohio penal industries, (hereinafter "OPI"),
			 
								will
			 receive compensation as described in this rule rather than the monthly rate
			 established in rule
			 5120-3-08 of the Administrative
			 Code. OPI is designed to encourage the inmate to develop positive work habits
			 and accept responsibility by basing compensation and benefits on performing the
			 job assignment. Inmates assigned to OPI will only receive compensation for
			 hours actually scheduled and worked unless leave time is available and approved
			 to make up for scheduled hours missed. OPI programs are intended to provide
			 training and rehabilitation to inmates. These programs
			 
								are not
			 to be considered "employment" and the inmates
			 
								are not
			 to be considered "employees" for any
			 purpose.
(B) Job assignment grade
			 level and pay schedule: Each inmate assigned to OPI will be assigned to an
			 inmate pay grade based upon the nature of the work performed, the experience
			 and skill level of the inmate, and any other appropriate factor. These pay
			 grades, qualifications for each grade, and the base hourly compensation rate,
			 which will be the same for all institutions and security levels, are to be set
			 by the chief of industries with the approval of the director of the department
			 of rehabilitation and correction.
(C) System of compensation and benefits:
			 Inmates participating in OPI programs will be compensated only for scheduled
			 hours actually worked unless leave time is available and approved pursuant to
			 this rule to make up for scheduled hours missed. Inmates participating in OPI
			 programs 
								are
			 to receive the following benefits: personal leave, holiday leave, sick
			 leave, overtime, special pay and longevity supplement.
(D) Personal leave: Inmates participating in
			 OPI programs earn personal leave credit that can be used to permit a paid
			 absence from work for such voluntary purposes as visits, religious services,
			 commissary, participation in varsity level sports, funerals, and passes for
			 contacts with institution staff. Personal leave may also be used to make up for
			 absences required due to attendance at pre-release training and official
			 hearings such as those conducted by the parole board, review and furlough
			 committees, classification committee, and rules infraction board. Additionally,
			 personal leave may be used to make up for scheduled work hours missed due to a
			 shop being closed for security events (e.g., staff shortage, fog and
			 institutional lockdown). If an inmate does not have personal leave, the inmate
			 will not be compensated for such hours missed.
(1) Personal leave credit is earned after six
			 months in an OPI assignment as follows:
(a)
			 Inmates working five or more hours a day on their job assignments earn personal
			 leave credits at the following rates:
(i) One
			 through eighteen months of service - three hours per month.
(ii) Nineteen through forty-two months - six
			 hours per month.
(iii) Forty-three
			 months and over - nine hours per month.