Ohio Admin. Code 5120-5-04

Current through all regulations passed and filed through December 2, 2024

Section 5120-5-04 - Administration of industrial and entertainment funds

(A) The warden, with the approval of the chief of the division of business administration or designee, may establish an institution fund designated as the industrial and entertainment fund, which is created and maintained for the entertainment and welfare of the inmates.

(B) All funds designated for the entertainment and welfare of the inmates and received by an institution shall be deposited and maintained in the industrial and entertainment fund. Funds donated for specific purposes must be shown in separate subsidiary accounts of the industrial and entertainment fund.

Income for this fund includes, but is not be limited to, the following sources: commissary profits and interest, donations, vending machine commissions, interest from interest-bearing checking accounts (e.g., industrial arts fund and inmate personal fund), interest from institution investment accounts (e.g., savings accounts and certificates of deposit), transfer of funds under the provisions of the Revised Code and rules of the Administrative Code (e.g., closing inactive inmate accounts), and occupational and/or activities therapy projects (e.g., barber and beauty shops, shoe shine shops, gift shops, and car washes).

(C) All disbursements from the industrial and entertainment fund shall be used for purchases which exclusively benefit inmates. No disbursements will be approved for items to be used for the benefit of an individual inmate, inmate group, or employees.

Disbursements from this fund may be made for, but are not limited to, the following: recreation equipment, entertainment, library supplies and equipment, video purchase, rental, and licensing, chapel expenses, occupational and/or activity therapy supplies, going-home clothes, inmate free postage, hygiene and legal kits, and repair and maintenance of equipment eligible for purchase with these funds. For specifically planned events (e.g., yard day), specialty food items may be purchased with the approval of the chief of the division of business administration or designee.

Disbursements should not be made for legal books required by department policy; such books are to be purchased through general revenue funds.

(D) Prior to making any expenditure in excess of five hundred dollars, approval shall be obtained from the chief of the division of business administration or designee.

Six outside entertainment performances each fiscal year may be authorized by the warden, up to seven hundred fifty dollars for an individual performer and one thousand five hundred dollars for a group performance. Approval for additional performances or higher amounts is to be obtained from the chief of the division of business administration or designee.

Such approval is not required for disbursements for items acquired for resale (e.g., photographic film for pictures).

Disbursements are not be be divided into two or more payments or in any other manner to circumvent the securing of approval from the chief of the division of business administration or designee.

Disbursements are subject to state procurement requirements unless prior written approval is obtained from the chief of the division of business administration or designee.

(E) The chief of the division of business administration may establish and maintain a central industrial and entertainment account which is initially funded by the transfer of industrial and entertainment funds from closed institutions. A portion of institution industrial and entertainment income may be transferred to continue this central account and be used for purposes consistent with this rule.

Ohio Admin. Code 5120-5-04

Effective: 3/28/2024
Five Year Review (FYR) Dates: 1/24/2024
Promulgated Under: 111.15
Statutory Authority: 5120.01, 5120.131
Rule Amplifies: 5120.131
Prior Effective Dates: 04/19/1975, 07/02/1981, 08/25/1985, 12/01/2005