CHAPTER 7. PRIVATE EMPLOYERS AND OFFENDER EARNINGS
IC 11-10-7
Chapter 7. Private Employers and Offender Earnings
IC 11-10-7-1
Application of chapter
Sec. 1. This chapter applies only to criminal offenders.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-7-2
Programs for employment of offenders by private persons;
establishment; lease of land and improvements
Sec. 2. (a) The commissioner may establish programs for the
employment of offenders by private persons. In establishing these
programs, the commissioner may enter into agreements with any
private person under which that person establishes, by construction,
lease, or otherwise, facilities within the exterior boundary of any
state adult correctional facility, for the manufacture and processing
of goods or any other business, commercial, or agricultural
enterprise.
(b) In administering this chapter, the commissioner may, as a part
of or in connection with any agreement made under subsection (a),
lease, for not more than twenty (20) years, land, with the
improvements on it, located on the grounds of any state correctional
facility for use by the private party to that agreement for providing
employment under this chapter.
As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980,
P.L.87, SEC.4.
IC 11-10-7-3
Agreement between commissioner and private person; wages;
employment on voluntary basis; unemployment compensation
Sec. 3. (a) Any agreement entered into between the commissioner
and a private person under this chapter must provide that an offender
employed by a private person under this chapter will be paid at least
the prevailing wage for that type of work as established by the
department of workforce development, including applicable wage
increases for overtime work.
(b) An offender may be employed under this chapter only on a
voluntary basis and only after the offender has been informed of the
conditions of the offender's employment.
(c) An offender employed under this chapter is not eligible for
unemployment compensation benefits under workforce development
laws.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.18-1987,
SEC.10; P.L.21-1995, SEC.14.
IC 11-10-7-4
Laws governing commercial or agricultural enterprise established
under this chapter
Sec. 4. A commercial or agricultural enterprise established under
this chapter is a private enterprise subject to laws governing the
operation of similar enterprises in Indiana.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-7-5
Earnings of offender; distribution
Sec. 5. (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.