SF 464 (LSB 2279XS (4) 90)

SENATE FILE 464

BY  KNOX

A BILL FOR

An Act requiring inmates to be paid the Iowa minimum wage for labor performed in or while under the custody of an institution under the control of the Iowa department of corrections.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 904.508, subsection 2, Code 2023, is amended to read as follows:
   2.  Pursuant to section 904.702, the director shall establish and maintain an inmate savings fund in an interest-bearing account for the deposit of all or part of an inmate’s allowances wages and amounts, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, sent to the inmate from a source other than the department. All or part of an inmate’s allowances wages and amounts, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, from a source other than the department shall be deposited into the savings fund, until the inmate’s deposit is equal to one hundred dollars as provided in section 906.9. If an inmate’s deposits are equal to or in excess of one hundred dollars, the inmate may voluntarily withdraw from the savings fund. The director shall notify the inmate of this right to withdraw and shall provide the inmate with a written request form to facilitate the withdrawal. If the inmate withdraws and the inmate’s deposits exceed the amount due as provided in section 906.9, the director shall disburse the excess amount as provided for allowances wages under section 904.702, except the director shall not deposit the excess amount in the inmate savings fund. If the inmate chooses to continue to participate in the savings fund, the inmate’s deposits shall be returned to the inmate upon discharge, parole, or placement on work release. Otherwise, the inmate’s deposits shall be disposed of as provided in subsection 3. An inmate’s deposits into the savings fund may be used to provide the money due the inmate upon discharge, parole, or placement on work release, as required under section 906.9. Interest earned from the savings fund shall be placed in a separate account, and may be used for purchases approved by the director to directly and collectively benefit inmates.
    Sec. 2.  Section 904.701, subsection 2, Code 2023, is amended to read as follows:
   2.  The director may when practicable shall pay the inmate an allowance as the director deems proper in view of the circumstances, and in view of the cost attending the maintenance of the inmate. The allowance is a gratuitous payment and is not a wage arising out of an employment relationship. The payment shall not exceed the amount paid to free labor for a like or equivalent service hourly wage which shall not be less than the minimum wage established in section 91D.1, subsection 1, paragraph “b”.
    Sec. 3.  Section 904.702, subsection 1, Code 2023, is amended to read as follows:
   1.  If allowances are paid pursuant to section 904.701, the The director shall establish an inmate account, for deposit of those allowances inmate wages paid pursuant to section 904.701 and for deposit of moneys sent to the inmate from a source other than the department of corrections. The director may deduct an amount, not to exceed ten percent of the amount of the allowance wage, unless the inmate requests a larger amount, to be deposited into the inmate savings fund as required under section 904.508, subsection 2. In addition to deducting a portion of the allowance wage, the director may also deduct from an inmate account any amount, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, sent to the inmate from a source other than the department of corrections for deposit in the inmate savings fund as required under section 904.508, subsection 2, until the amount in the fund equals the amount due the inmate upon discharge, parole, or placement on work release. The director shall deduct from the inmate account an amount the inmate is legally obligated to pay for child support. The director shall deduct from the inmate account an amount established by the inmate’s restitution plan of payment. The director shall also deduct from any remaining account balance an amount sufficient to pay all or part of any judgment against the inmate, including but not limited to judgments for taxes and child support, and court costs and fees assessed either as a result of the inmate’s confinement or amounts required to be paid under section 610A.1. Written notice of the amount of the deduction shall be given to the inmate, who shall have five days after receipt of the notice to submit in writing any and all objections to the deduction to the director, who shall consider the objections prior to transmitting the deducted amount to the clerk of the district court. The director need give only one notice for each action or appeal under section 610A.1 for which periodic deductions are to be made. The director shall next deduct from any remaining account balance an amount sufficient to pay all or part of any costs assessed against the inmate for misconduct or damage to the property of others. The director may deduct from the inmate’s account an amount sufficient to pay for the inmate’s share of the costs of health services requested by the inmate and for the treatment of injuries inflicted by the inmate on the inmate or others. The director may deduct and disburse an amount sufficient for industries’ programs to qualify under the eligibility requirements established in the Justice Assistance Act of 1984, Pub. L. No. 98-473, including an amount to pay all or part of the cost of the inmate’s incarceration. The director may pay all or any part of remaining allowances paid pursuant to section 904.701 directly to a dependent of the inmate, or may deposit the allowance wage to the account of the inmate, or may deposit a portion and allow the inmate a portion for the inmate’s personal use.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires inmates to be paid the Iowa minimum wage for labor performed in or while under the custody of an institution under the control of the Iowa department of corrections.
   Current law provides that the director of the department of corrections may when practicable pay the inmate an allowance as the director deems proper in view of the circumstances, and in view of the cost attending the maintenance of the inmate. The allowance is a gratuitous payment and is not a wage arising out of an employment relationship. The payment shall not exceed the amount paid to free labor for a like or equivalent service.
   The bill provides that the director shall pay the inmate an hourly wage which shall not be less than the minimum wage established in Code section 91D.1(1)(b).
   The bill provides that the director shall establish an inmate account for deposit of inmate wages paid pursuant to Code section 904.701 and for deposit of moneys sent to the inmate from a source other than the department of corrections. The director may deduct up to 10 percent of the amount of the wage, to be deposited into the inmate savings fund. The director may also deduct from an inmate account any amount sent to the inmate from a source other than the department of corrections for deposit in the inmate savings fund until the amount in the fund equals the amount due the inmate upon discharge, parole, or placement on work release. The director shall deduct from the inmate account the following: an amount the inmate is legally obligated to pay for child support; an amount established by the inmate’s restitution plan of payment; an amount sufficient to pay all or part of any judgment against the inmate, including but not limited to judgments for taxes and child support; court costs and fees assessed as a result of the inmate’s confinement; and an amount sufficient to pay all or part of any costs assessed against the inmate for misconduct or damage to the property of others. The director may pay all or any part of remaining wages paid directly to a dependent of the inmate, or may deposit the wages to the account of the inmate, or may deposit a portion and allow the inmate a portion for the inmate’s personal use.