Ohio Admin. Code 5120-3-04 - Private employment inside an institution
(A) Private employment of inmates may occur
as approved by the director of rehabilitation and correction. Private
employment will not occur inside an institution of the department unless,
pursuant to a written agreement, the employer complies with the provisions of
this rule.
(B) Public agencies or
private persons or business entities who intend to employ inmates for work to
be performed inside an institution must sign a written agreement, which shall
provide, at a minimum:
(1) The employer shall
provide supervision for the performance of the work;
(2) Terms and conditions of compensation,
subject to rule
5120-3-09 of the Administrative
Code. Compensation shall be paid by the employer to the inmate at a specified
rate and in a manner approved by the department of rehabilitation and
correction, consistent with rule
5120-3-09 of the Administrative
Code. The compensation earned through this program is
in lieu of earnings under paragraph (A) of rule
5120-3-08 of the Administrative
Code.
(3) The employer shall
be responsible for any and all required benefits contributions.
(4) The employer shall accept responsibility
for the evaluation, promotion, demotion and retention of the inmates, the
requirements of rule
5120-3-06 of the Administrative
Code notwithstanding.
(5) The
employer shall expressly agree to be considered a "conditional employer" of the
inmate.
(6) That the eligibility of
the inmate may be cancelled at any time, within the discretion of the
department;
(7) Under no
circumstance will the department relinquish its obligation to provide security
at any place on the property of the institution;
(8) That any person may be restricted from
the institution property at any time in the interests of security;
(9) The department fully retains its right to
control and regulate the association of inmates.
(C) The written agreement described in
paragraph (B) of this rule must also be signed by the director of
rehabilitation and correction or designee.
Notes
Promulgated Under: 119.03
Statutory Authority: 5120.01, 5145.03
Rule Amplifies: 5145.16, 5145.161
Prior Effective Dates: 02/03/1992
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