Compensation of employed prisoners; payment and disposition




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41167441-1674.  Compensation of employed prisoners; payment and disposition

A.  If an agreement is entered into between the director and a private employer under this article to provide employment for prisoners and the program is federally certified as a prison industry enhancement program, the agreement shall provide that an employed prisoner shall be paid at least the minimum wage, established by federal law, in the manner established by title 23, chapter 2, article 7, except as otherwise provided by this section.

B.  The compensation of a prisoner employed under this article shall be surrendered to the department and shall be distributed in the following order:

1.  At least twenty per cent of the prisoner's gross compensation shall be credited to the prisoner's retention or spendable account pursuant to section 31 254.

2.  Ten per cent of the prisoner's gross compensation shall be deposited in the victim compensation and assistance fund established by section 41 2407.

3.  Thirty per cent of the prisoner's gross compensation shall be deducted for room and board and shall be transmitted to the state treasurer for deposit in the state general fund.

4.  Fifteen per cent of the prisoner's gross compensation shall be deducted for the support of the prisoner's dependents on the order of a court of competent jurisdiction.  If the dependents are receiving any welfare assistance, the department shall notify the appropriate welfare agency of the payments under this paragraph.

5.  Mandatory deductions shall be deducted pursuant to section 31 254 and any remaining amount shall be credited to the prisoner's retention account.  The department shall return the amount in the prisoner's retention account to the prisoner at the time the prisoner is released on community supervision or probation if the court waived community supervision pursuant to section 13 603 or the prisoner is discharged.



C.  The prisoner's employer shall withhold state and federal income taxes and social security deductions.411674



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