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 theemployment of offenders by private persons. In establishing theseprograms, the commissioner may enter into agreements with anyprivate person under which that person establishes, by construction,lease, or otherwise, facilities within the exterior boundary of anystate adult correctional facility, for the manufacture and processingof goods or any other business, commercial, or agriculturalenterprise.
    (b) In administering this chapter, the commissioner may, as a partof or in connection with any agreement made under subsection (a),lease, for not more than twenty (20) years, land, with theimprovements on it, located on the grounds of any state correctionalfacility for use by the private party to that agreement for providingemployment 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 commissionerand a private person under this chapter must provide that an offenderemployed by a private person under this chapter will be paid at leastthe prevailing wage for that type of work as established by thedepartment of workforce development, including applicable wageincreases for overtime work.
    (b) An offender may be employed under this chapter only on avoluntary basis and only after the offender has been informed of theconditions of the offender's employment.
    (c) An offender employed under this chapter is not eligible forunemployment compensation benefits under workforce developmentlaws.
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 establishedunder this chapter
    Sec. 4. A commercial or agricultural enterprise established under

this chapter is a private enterprise subject to laws governing theoperation 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 thischapter shall be surrendered to the department. This amount shall bedistributed in the following order:
        (1) Not less than twenty percent (20%) of the offender's grossearnings to be given to the offender or retained by thedepartment. If retained by the department, the amount, withaccrued interest if interest on the amount is earned, must bereturned to the offender not later than at the time of theoffender's release on parole or discharge.
        (2) State and federal income taxes and Social Securitydeductions.
        (3) The expenses of room and board, as fixed by the departmentand the budget agency, in facilities operated by the department,or, if the offender is housed in a facility not operated by thedepartment, the amount paid by the department to the operatorof the facility or other appropriate authority for room and boardand other incidentals as established by agreement between thedepartment and the appropriate authority.
        (4) The support of the offender's dependents, when directed bythe offender or ordered by the court to pay this support. If theoffender's dependents are receiving welfare assistance, theappropriate county office of the division of family resources orwelfare department in another state shall be notified of thesedisbursements.
        (5) Ten percent (10%) of the offender's gross earnings, to bedeposited in the violent crime victims compensation fundestablished by IC 5-2-6.1-40.
        (6) If an offender is eligible for an offender reentryadministrative account under IC 11-10-15, at least ten percent(10%) and not more than twenty percent (20%) of the offender'sgross earnings, to be deposited in the offender's reentryadministrative account.
    (b) Any remaining amount shall be given to the offender orretained by the department in accord with subsection (a)(1).
    (c) The department may, when special circumstances warrant orfor just cause, waive the collection of room and board charges by oron behalf of a facility operated by the department or, if the offenderis housed in a facility not operated by the department, authorizepayment 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.