(A) The department of rehabilitation and correction, upon receipt of a certified copy of the judgment of a court of record in an action in which a prisoner was a party that orders a prisoner to pay a stated obligation, may apply toward payment of the obligation money that belongs to a prisoner and that is in the account kept for the prisoner by the department. The department may transmit the prisoner's funds directly to the court for disbursement or may make payment in another manner as directed by the court. Except as provided in rules adopted under this section, when an amount is received for the prisoner's account, the department shall use it for the payment of the obligation and shall continue using amounts received for the account until the full amount of the obligation has been paid. No proceedings in aid of execution are necessary for the department to take the action required by this section.
(B) The department may adopt rules specifying a portion of an inmate's earnings or other receipts that the inmate is allowed to retain to make purchases from the commissary and that may not be used to satisfy an obligation pursuant to division (A) of this section. The rules shall not permit the application or disbursement of funds belonging to an inmate if those funds are exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order pursuant to section 2329.66 of the Revised Code or to any other provision of law.
Notes of Decisions
Cited in 40
cases (5 in the last 5 years), 2000–2024 · leading case: State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020).
State v. Taylor (Slip Opinion), 2020 Ohio 3514 (Ohio 2020). · cites it 6דOr maybe a court would conclude that R.C. 5120.133, which prevents a prison from disbursing an inmate’s funds that, by statute, are “exempt from execution, garnishment, attachment, or sale,” adequately addresses a 4 January Term, 2020 defendant’s present inability to pay.”
State v. Threatt, 843 N.E.2d 164 (Ohio 2006). · cites it 4דWe hold that (1) costs may be collected from indigent criminal defendants, (2) the state may use any method of collection that is available to collect a civil money judgment as well as the method provided in R.C. 5120.133, and (3) the appeal time for costs begins to run on the…”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). · cites it 4דDean argues that he was prejudiced, because money from his prison account will be taken to satisfy this obligation.”
State v. Copeland, 2016 Ohio 7797 (Ohio Ct. App. 2016). · cites it 6ד{¶ 15} The authority of the Department of Corrections to attach inmate accounts to pay court judgments and to establish rules for processing such payments is found in R.C. 5120.133, as follows: (A) The department of rehabilitation and correction, upon receipt of a certified copy…”
State v. Sands, 2019 Ohio 4736 (Ohio Ct. App. 2019). · cites it 10ד01, [and] R.C. 5120.133 to collect funds out [of] the defendant inmate account to satisfy court cost [in] violation of the defendant[’s] United State[s] Constitutional Rights Amendment 14.”
State v. Skirvin, 2019 Ohio 2040 (Ohio Ct. App. 2019). · cites it 6ד{¶ 22} The Supreme Court of Ohio has held that “[w]hen collecting court costs from -11- an indigent criminal defendant, the state may use any collection method that is available to collect a civil money judgment or may use R.C. 5120.133 to collect from a prisoner’s account.”
State v. Stoutamire, 2020 Ohio 4533 (Ohio Ct. App. 2020). · cites it 6ד{¶17} “When collecting court costs from an indigent criminal defendant, the state may use any collection method that is available to collect a civil money judgment or may use R.”
State v. Dunson, 2016 Ohio 8365 (Ohio Ct. App. 2016). · cites it 3דFurthermore, R.C. 5120.133 specifically allows for payment of prisoner obligations, as limited by Ohio Adm.”
State v. Webb, 2020 Ohio 3132 (Ohio Ct. App. 2020). · cites it 6ד66, R.C. 5120.133, and Ohio Adm.Code 5120-5-03(D).”
State ex rel. Williams v. Trim (Slip Opinion), 2015 Ohio 3372 (Ohio 2015). · cites it 3דR.C. 5120.133 allows the Department of Rehabilitation and Correction to take and transmit funds in a prisoner’s account to a court for payment of a stated obligation.”
Dibert v. Carpenter, 2018 Ohio 1054 (Ohio Ct. App. 2018). “After considering the matter, the court stated that "although costs in criminal cases are assessed at sentencing and are included in the sentencing entry, costs are not punishment, but are more akin to a civil judgment for money. Ultimately then, for purposes of collection, an…”
State v. Duhamel, 2015 Ohio 3145 (Ohio Ct. App. 2015). “It is ordered that appellee recover from appellant costs herein taxed.”
State v. Dean (Slip Opinion), 2015 Ohio 4347 (Ohio 2015). “Dean argues that he was prejudiced, because money from his prison account will be taken to satisfy this obligation.”
State v. Threatt, 843 N.E.2d 164 (Ohio 2006). “We hold that (1) costs may be collected from indigent criminal defendants, (2) the state may use any method of collection that is available to collect a civil money judgment as well as the method provided in R.C. 5120.133, and (3) the appeal time for costs begins to run on the…”
State v. Stoutamire, 2020 Ohio 4533 (Ohio Ct. App. 2020). “{¶17} “When collecting court costs from an indigent criminal defendant, the state may use any collection method that is available to collect a civil money judgment or may use R.”
State v. Sands, 2019 Ohio 4736 (Ohio Ct. App. 2019). “01, [and] R.C. 5120.133 to collect funds out [of] the defendant inmate account to satisfy court cost [in] violation of the defendant[’s] United State[s] Constitutional Rights Amendment 14.”
State v. Copeland, 2016 Ohio 7797 (Ohio Ct. App. 2016). “{¶ 15} The authority of the Department of Corrections to attach inmate accounts to pay court judgments and to establish rules for processing such payments is found in R.C. 5120.133, as follows: (A) The department of rehabilitation and correction, upon receipt of a certified copy…”
— Ohio Rev. Code § 5120.133(B) — 5 cases
State v. Webb, 2020 Ohio 3132 (Ohio Ct. App. 2020). “66, R.C. 5120.133, and Ohio Adm.Code 5120-5-03(D).”
State ex rel. Williams v. Trim (Slip Opinion), 2015 Ohio 3372 (Ohio 2015). “R.C. 5120.133 allows the Department of Rehabilitation and Correction to take and transmit funds in a prisoner’s account to a court for payment of a stated obligation.”
State v. Sands, 2019 Ohio 4736 (Ohio Ct. App. 2019). “01, [and] R.C. 5120.133 to collect funds out [of] the defendant inmate account to satisfy court cost [in] violation of the defendant[’s] United State[s] Constitutional Rights Amendment 14.”
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