§ 25-13-107 — Compensation of employed inmates; payment and disposition

Wyoming § 25-13-107

• Jurisdiction: Wyoming
• Title 25: Institutions of the State
• Ch. 13: CORRECTIONAL INDUSTRIES PROGRAM

Text

(a) Any agreement entered into between the department and
a private employer under this act shall provide that an employed
inmate shall be paid wages at a rate which is not less than that
paid for work of a similar nature in the locality in which the
work is performed.
(b) The compensation of an inmate employed under this act
shall be surrendered to the department and shall be distributed
in the following order:
(i) Fifteen percent (15%) of the inmate's gross
compensation under the program to the inmate's personal savings
account within the correctional facility's trust and agency
account, until the inmate's account has a balance of up to two
thousand five hundred dollars ($2,500.00). Once the inmate's
personal savings account balance reaches two thousand five
hundred dollars ($2,500.00), this fifteen percent (15%) shall be
distributed to the inmate as provided by W.S. 7-16-205(a). Funds
in the inmate's personal savings account shall be paid to the
inmate upon parole or final discharge;
(ii) Twenty percent (20%) of the inmate's gross
compensation under the program to be distributed to the inmate
as provided by W.S. 7-16-205(a);
(iii) Deduction for federal income taxes, medicare
and social security appropriate to the gross amount of the
inmate's compensation under the program;
(iv) Fifteen percent (15%) of the remaining amount to
the crime victims compensation account created by W.S. 1-40-114;
(v) If the inmate is not obligated to pay child
support, the remaining amount to the correctional industries
account pursuant to W.S. 25-13-103(a), to reduce the cost
otherwise associated with providing the inmate with room and
board;
(vi) If the inmate is obligated for existing child
support obligations, pursuant to state statute or court order,
including all support obligations issued pursuant to W.S.
20-2-102, the remainder of the inmate's compensation under the
program, shall be distributed toward the child support
obligation up to the amount ordered. If the existing child
support obligation is less than the remainder of the inmate's
compensation under the program, the difference between the
actual amount of the child support obligation and the remainder
of the inmate's compensation under the program shall be
distributed to the correctional industries account pursuant to
W.S. 25-13-103(a), to reduce the cost otherwise associated with
providing the inmate with room and board;
(vii) The department shall provide all inmates
employed under this act with the forms necessary for the filing
of a petition for support under W.S. 20-2-102 and shall honor
new or existing court orders for support up to the amount
ordered, including those orders issued pursuant to a petition
for support filed under W.S. 20-2-102.
(c) The department shall develop the necessary
administrative structure to recover inmates' wages and keep
records of the amount inmates pay for the costs of
incarceration.
(d) The earnings of inmates under this act are not subject
to garnishment, attachment or execution either in the hands of
the employer, the department or any agent authorized to hold and
transmit the earnings.
(e) If a provision of this act relating to the payment or
disbursement of compensation to inmates employed in a
correctional industries program conflicts with any other
provision of title 27 of the Wyoming Statutes, the provision of
this act controls.