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House File 523

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 904.809, subsection 5, Code 1999, is
  1  2 amended to read as follows:
  1  3    5.  a.  An inmate of a correctional institution employed
  1  4 pursuant to this section shall surrender to the department of
  1  5 corrections the inmate's total earnings less deductions for
  1  6 federal, state, and local taxes, and any other payroll
  1  7 deductions required by law.  The department of corrections
  1  8 shall deduct twenty percent of the balance to be credited to
  1  9 the inmate's general account.  The department shall then
  1 10 deduct from the earnings remaining as follows:
  1 11    a.  The department shall first deduct the following amounts
  1 12 in the following order of priority:
  1 13    The inmate's employer shall provide each employed inmate
  1 14 with the withholding statement required under section 422.16,
  1 15 and any other employment information necessary for the receipt
  1 16 of the remainder of an inmate's payroll earnings.
  1 17    b.  From the inmate's gross payroll earnings, the following
  1 18 amounts shall be deducted:
  1 19    (1)  An amount the inmate may be legally obligated to pay
  1 20 for the support of the inmate's dependents, the amount of
  1 21 which shall be paid to the dependents through the department
  1 22 of human services collection services center.  Twenty percent,
  1 23 to be deposited in the inmate's general account.
  1 24    (2)  Restitution as ordered by the court pursuant to
  1 25 chapter 910.  All required tax deductions, to be collected by
  1 26 the inmate's employer.
  1 27    (3)  Five percent, of the balance to be deducted for the
  1 28 victim compensation fund created in section 915.94.
  1 29    c.  From the balance remaining after deduction of the
  1 30 amounts under paragraph "b", the following amounts shall be
  1 31 deducted in the following order of priority:
  1 32    (1)  An amount which the inmate may be legally obligated to
  1 33 pay for the support of the inmate's dependents, which shall be
  1 34 paid through the department of human services collection
  1 35 services center, and which shall include an amount for
  2  1 delinquent child support not to exceed fifty percent of gross
  2  2 earnings.
  2  3    (2)  Restitution as ordered by the court under chapter 910.
  2  4    (4) (3)  An amount the inmate is legally obligated to pay
  2  5 for any other financial obligation.
  2  6    (4)  Any balance remaining after the deductions made under
  2  7 subparagraphs (1) through (3) shall represent the costs of the
  2  8 inmate's incarceration and shall be deposited in the general
  2  9 fund of the state.
  2 10    (5)  An amount determined to be the cost to the department
  2 11 of corrections for providing for the incarceration of the
  2 12 inmate.
  2 13    b.  Of the balance remaining after deductions and payments
  2 14 required pursuant to paragraph "a", the department shall
  2 15 deposit in the Iowa state industries revolving fund created in
  2 16 section 904.813, an amount equal to the costs incurred by the
  2 17 fund related to the inmate's employment pursuant to this
  2 18 section.
  2 19    Any balance remaining after the deductions and payments
  2 20 required by this subsection shall be credited to the inmate's
  2 21 general account.
  2 22    Sec. 2.  Section 904.814, Code 1999, is amended to read as
  2 23 follows:
  2 24    904.814  INMATE ALLOWANCE SUPPLEMENT REVOLVING FUND.
  2 25    There is established in the treasury of the state a
  2 26 permanent adult correctional institutions inmate allowance
  2 27 supplement revolving fund, consisting solely of money paid as
  2 28 board and maintenance by inmates working in Iowa state
  2 29 industries, or working pursuant to section 904.809.  The fund
  2 30 established by this section may be used to supplement the
  2 31 allowances of inmates who perform other institutional work
  2 32 within and about the adult correctional institutions including
  2 33 those who are working in Iowa state industries.  Payments made
  2 34 from the fund shall supplement and not replace all or any part
  2 35 of the allowances otherwise received by, and shall be equably
  3  1 distributed among such inmates.  The work of inmates in other
  3  2 institutional or industry work shall, to the greatest extent
  3  3 feasible, be in accord with the intent stated in section
  3  4 904.801.  The fund may also be used to supplement other
  3  5 rehabilitation activities within the adult correctional
  3  6 institutions.  Determination of the use of the funds is the
  3  7 responsibility of the state director who shall first seek the
  3  8 advice of the prison industries advisory board.  
  3  9                           EXPLANATION
  3 10    This bill amends the procedure for deducting amounts earned
  3 11 by inmates from private employers.
  3 12    Code section 904.809 is amended to provide that an inmate
  3 13 employed by a private sector employer shall surrender the
  3 14 inmate's earnings, less all tax deductions, to the department
  3 15 of corrections.  The employer is also to provide the employed
  3 16 inmate with withholdings statements and any other information
  3 17 necessary for the filing of the inmate's tax returns.  The
  3 18 deductions which are then to be made by the department of
  3 19 corrections from the balance of an inmate's earnings are
  3 20 modified.  From the inmate's gross payroll earnings, 20
  3 21 percent shall go to the inmate's general account, tax
  3 22 obligations shall be paid, and 5 percent shall go to the
  3 23 victim compensation fund.  From the balance remaining after
  3 24 these deductions are made, amounts shall be deducted for the
  3 25 support of the inmate's dependents, for payment of court-
  3 26 ordered restitution, for other obligations owed by the inmate,
  3 27 and any remaining balance shall be deposited in the general
  3 28 fund of the state representing the cost of the inmate's
  3 29 incarceration.
  3 30    Code section 904.814 is amended to eliminate the
  3 31 requirement that moneys collected as board and maintenance
  3 32 from inmates working pursuant to section 904.809 are deposited
  3 33 in a special inmate allowance supplement revolving fund and
  3 34 not the general fund of the state.  
  3 35 LSB 2053HH 78
  4  1 ec/cf/24.1
     

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