(A) In addition to the state-provided basic
necessities, inmates may be permitted, subject to the limitations and
conditions described in this rule, to possess certain items of personal
property, which are not state issued.
(B) Excluding large titled items (e.g.,
televisions and typewriters etc.), state issued bedding, coats/jackets, and
permitted shoes, an inmate may not possess more than 2.4 cubic feet of combined
state and personal property unless specifically authorized pursuant to this
rule.
(C) Individual items of
personal property possessed by an inmate shall not exceed the value limit for
that item. Individual value limits shall be reasonable and shall not
unreasonably deprive the inmate of the ability to make purchases. The director
shall approve a list of allowable items of personal property and the associated
value limits. The list shall be distributed to all institutions and
affirmatively communicated to the inmate population.
(D) Each inmate is responsible for ensuring
that his personal property remain in conformity with the foregoing limitations.
Property in excess of these limitations will be deemed contraband and disposed
of pursuant to rule
5120-9-55 of the Administrative
Code.
(E) Inmates may possess only
personal property items received through an institutional commissary, and/or
vendors identified by the director or designee.
(1) Inmates may order and receive food
packages only from the vendor approved by the director or designee.
(2) Inmates may order and receive sundry
packages (non-food personal property) only from vendors approved by the
director or designee.
(3) Family
members, friends and others (regardless of their inclusion on the inmate's
approved visitation list) may order food and/or sundry packages, subject to the
limitations of this rule, from the approved vendor or vendors, for the benefit
of a designated inmate.
(F) Information on approved vendors, product
availability and making purchases will be appropriately provided to inmates,
family members and other interested parties.
(G) Inmates assigned to institutions with the
following designations are eligible to receive the corresponding total number
of packages per year from any of the approved sources, subject to the following
exceptions:
Package allowances and limitations
|
SECURITY LEVEL
|
TOTAL NUMBER OF PACKAGES
|
LIMITATIONS
|
|
Level 1
|
4
|
Maximum of two
2 food only boxes
|
|
Level 2
|
3
|
Maximum of two
2 food only boxes
|
|
Level 3
|
3
|
Maximum of one
1 food only box
|
|
Level 4
4A
|
2
|
Maximum of one
1 food only box
|
|
Level E
4B and 5
|
0
|
No packages permitted
|
|
Death Row
|
3
|
Maximum of two
2 food only boxes
|
Institutions whose physical construction facilitates the
housing of inmates by different security designations shall permit inmates to
receive packages according to their individual security level.
Exceptions: Non-cadre inmates assigned to a reception center,
or inmates temporarily assigned to a medical center, may not receive packages.
Inmates sent to outside hospitals, or inmates in restrictive housing or limited privilege housing
disciplinary control, local control, an intensive
prison program as identified by rule 5120-11-02 of the Administrative
Code, or any other status specifically designated by the director may
not receive packages.
(H)
The director or designee may grant a managing
officer's
warden's written request to
include or exclude certain items of personal property based on the security,
safety, space, control or other needs of a particular institution or
individual. Approved institutional changes will be communicated in writing to
the chief inspector and posted in the affected institution(s) as appropriate.
Managing officers
Wardens shall have the authority
and discretion to permit receipt of additional
packages, with or without limitation, and to establish institutional
rules governing the storage of inmate legal materials and commissary
items.
(I) With the exception of
any property excluded pursuant to paragraph (H) of this rule, inmates who
legitimately possess personal property prior to April 1, 2000, may be permitted
to retain (grandfather) said property until such time as said property becomes
unusable. Institutional staff will ensure that any inmate's personal property
being transferred to or received from another state correctional facility
conforms to the 2.4 cubic foot limitation.
(J) Inmates shall not trade, sell, barter,
loan, or give away any personal property to another inmate. Inmates shall
maintain proof of ownership for all property possessed. Failure to maintain
proof of ownership may result in denied claims for lost property. Inmates are
responsible for immediately reporting a theft or loss and institutional
personnel are responsible for conducting a timely investigation. Inmates may
not order a food or sundry package for another inmate.
Notes
Ohio Admin. Code
5120-9-33
Effective:
1/9/2020
Five Year Review (FYR) Dates:
1/7/2020
Promulgated Under:
111.15
Statutory
Authority: 5120.01,
5120.36
Rule
Amplifies: 2921.36,
5120.36,
5120.42
Prior
Effective Dates: 12/31/1976, 01/13/1979, 07/18/1983, 06/01/1987, 04/01/2000,
04/01/2005, 01/01/2007, 06/01/2009,
04/15/2010
