§ 11-10-8-6 — Earnings of offender; distribution

Indiana § 11-10-8-6

• Jurisdiction: Indiana
• Art. 10: CORRECTIONAL SERVICES AND PROGRAMS
• Ch. 8: Minimum Security Release Program for Criminal

Text

(a) The earnings of an offender employed in a
work release program under this chapter, less payroll deductions
required by law and court ordered deductions for satisfaction of a
judgment against the offender, shall be surrendered to the department
or its designated representative. The remaining earnings shall be
distributed in the following order:
(1) State and federal income taxes and Social Security deductions
not otherwise withheld.
(2) The cost of membership in an employee organization.
(3) 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.
(4) Not less than fifteen percent (15%) of the offender's gross
earnings, if that amount of the gross is available after the above
deductions, to be given to the offender or retained by the
department. If retained by the department, the amount, with
accrued interest, must be returned to the offender not later than at
the time of the offender's release on parole or discharge.
(5) The expense 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.
(6) Transportation cost to and from work, and other work related
incidental expenses.
(7) Court ordered costs or fines imposed as a result of conviction
of an offense under Indiana law, unless the costs or fines are
being paid through other means.
(8) 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) After the amounts prescribed in subsection (a) are deducted, the
department may, out of the remaining amount:
(1) when directed by the offender or ordered by the court, pay for
the support of the offender's dependents (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); and
(2) with the consent of the offender, pay to the offender's victims
or others any unpaid obligations of the offender.
(c) Any remaining amount shall be given to the offender or retained
by the department in accord with subsection (a)(4).
(d) 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
P.L.2-1992, SEC.111; P.L.4-1993, SEC.14; P.L.5-1993, SEC.27;
P.L.47-1993, SEC.6; P.L.1-1994, SEC.44; P.L.146-2008, SEC.370;
P.L.44-2009, SEC.6; P.L.104-2009, SEC.3.