§ 11-10-7-5 — Earnings of offender; distribution

Indiana § 11-10-7-5

• Jurisdiction: Indiana
• Art. 10: CORRECTIONAL SERVICES AND PROGRAMS
• Ch. 7: Private Employers and Offender Earnings

Text

(a) The earnings of an offender employed
under this chapter shall be surrendered to the department. This amount
shall be distributed in the following order:
(1) Not less than twenty percent (20%) of the offender's gross
earnings to be given to the offender or retained by the department.
If retained by the department, the amount, with accrued interest
if interest on the amount is earned, must be returned to the
offender not later than at the time of the offender's release on
parole or discharge.
(2) State and federal income taxes and Social Security deductions.
(3) The expenses of room and board, as fixed by the department
and the budget agency, in facilities operated by the department,
or, if the offender is housed in a facility not operated by the
department, the amount paid by the department to the operator of
the facility or other appropriate authority for room and board and
other incidentals as established by agreement between the
department and the appropriate authority.
(4) The support of the offender's dependents, when directed by the
offender or ordered by the court to pay this support. If the
offender's dependents are receiving welfare assistance, the
appropriate county office of the division of family resources or
welfare department in another state shall be notified of these
disbursements.
(5) Ten percent (10%) of the offender's gross earnings, to be
deposited in the violent crime victims compensation fund
established by IC 5-2-6.1-40.
(6) If an offender is eligible for an offender reentry administrative
account under IC 11-10-15, at least ten percent (10%) and not
more than twenty percent (20%) of the offender's gross earnings,
to be deposited in the offender's reentry administrative account.
(b) Any remaining amount shall be given to the offender or retained
by the department in accord with subsection (a)(1).
(c) The department may, when special circumstances warrant or for
just cause, waive the collection of room and board charges by or on
behalf of a facility operated by the department or, if the offender is
housed in a facility not operated by the department, authorize payment
of room and board charges from other available funds.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts
1980, P.L.87, SEC.5; P.L.2-1992, SEC.109; P.L.4-1993, SEC.13;
P.L.5-1993, SEC.26; P.L.47-1993, SEC.4; P.L.1-1994, SEC.43;
P.L.146-2008, SEC.369; P.L.44-2009, SEC.5; P.L.104-2009,
SEC.2.