31-254. Compensation for labor performed; price
of prison made articles; distribution of earnings; workers'
compensation
A. Each prisoner who is engaged in productive work in any state prison or
institution under the jurisdiction of the department or a private prison under contract
with the department as a part of the prison industries program shall receive for the
prisoner's work the compensation that the director determines. The compensation shall be
in accordance with a graduated schedule based on quantity and quality of work performed
and skill required for its performance but shall not exceed fifty cents per hour unless
the prisoner is employed in an Arizona correctional industries program pursuant to title
41, chapter 11, article 3. If the director enters into a contract pursuant to section
41-1624.01 with a private person, firm, corporation or association the director shall
prescribe prisoner compensation of at least two dollars per hour. Compensation shall not
be paid to prisoners for attendance at educational training or treatment programs, but
compensation may be paid for work training programs.
B. Whenever a price is fixed for any article, material, supply or service to be
produced, manufactured, supplied or performed in connection with the industries program
of the department, the compensation paid to prisoners shall be included as an item of
cost in fixing the price.
C. The compensation of prisoners shall be paid out of the fund established pursuant
to section 41-1624 or out of funds appropriated for that purpose by the legislature when
required.
D. If the compensation due a prisoner is less than two dollars per hour, mandatory
deductions shall be taken for the following purposes in the order specified:
1. Twenty-five per cent of the prisoner's gross wages until the prisoner's
dedicated discharge account registers a fifty dollar balance.
2. If the prisoner initiates a lawsuit, twenty per cent from all deposits to the
prisoner's spendable account until the court fees are collected in full.
3. If the prisoner was not convicted of a violation of title 28, chapter 4, five
per cent of the prisoner's gross wages shall be used exclusively to fund the transition
program established by section 31-281. All monies collected under this paragraph shall be
deposited, pursuant to sections 35-146 and 35-147, in the transition program fund
established by section 31-284.
4. Thirty per cent of the prisoner's wages for court ordered dependent care.
E. If the compensation due a prisoner equals or exceeds two dollars per hour, the
director shall credit to the prisoner's spendable account established pursuant to section
31-230 an amount equaling fifty cents per hour for each hour compensation is due plus ten
per cent of the adjusted balance remaining after the mandatory deductions are
taken. Mandatory deductions shall be taken for the following purposes in the order
specified:
1. Twenty-five per cent of the prisoner's gross wages until the prisoner's
dedicated discharge account registers a fifty dollar balance.
2. If the prisoner initiates a lawsuit, twenty per cent from all deposits to the
prisoner's spendable account until the court costs are collected in full.
3. If the prisoner was not convicted of a violation of title 28, chapter 4, five
per cent of the prisoner's gross wages shall be used exclusively to fund the transition
program established by section 31-281. All monies collected under this paragraph shall be
deposited, pursuant to sections 35-146 and 35-147, in the transition program fund
established by section 31-284.
4. Thirty per cent of the prisoner's wages for the room and board costs of
maintaining the prisoner at the facility.
5. Thirty per cent of the prisoner's wages for court ordered dependent care.
F. After the mandatory deductions and obligations are paid by the prisoner, the
remaining monies shall be credited to the prisoner's retention account established by the
director pursuant to section 31-261, subsection B.
G. A prisoner may gain access to the prisoner's trust fund or retention account for
emergency purposes at the sole discretion of the director.
H. Any monies not expended from the contributing prisoner's trust fund or retention
account for the purposes prescribed in subsection E of this section shall be paid to the
prisoner on release pursuant to section 31-228.
I. If any prisoner escapes, the director shall determine what portion of the
prisoner's earnings shall be forfeited, and the forfeited amount shall be deposited in
the special services fund established by section 41-1604.03.
J. This section is not intended to restore, in whole or in part, the civil rights
of any prisoner. No prisoner who is compensated under this section shall be considered
to be an employee of or employed by this state, the department or any private person,
firm, corporation or association engaged in a contract pursuant to section 41-1624.01,
and the prisoner does not come within any of the provisions of the workers' compensation
provided in title 23, chapter 6 and is not entitled to any benefits under title 23,
chapter 6 whether on behalf of the prisoner or of any other person. This subsection does
not apply to prisoners who are employed pursuant to a federally certified prison industry
enhancement program established pursuant to section 41-1674.
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