Section 33.30.131. Prerelease or short duration furlough or correctional restitution center placement involving employment.

   (a) The commissioner may grant a prerelease or short-duration furlough to permit a prisoner to participate in suitable employment under conditions and at wages that represent the prevailing standard for the area. A prisoner may not participate in employment where an organized labor dispute is in progress.
   (b) Unless alternative arrangements are expressly approved by the commissioner, when a prisoner is employed outside a correctional facility as part of a prerelease or short-duration furlough program, or as part of serving time in a correctional restitution center under AS 33.30.151 - 33.30.181, the earnings of the prisoner shall be delivered to the commissioner. If an employer transmits the earnings to the commissioner, the employer has no liability to the prisoner for the earnings. The commissioner shall disburse the earnings of the prisoner, in an order determined appropriate, under procedures adopted by the commissioner to
        (1) pay for the room, board, and personal expenses of the prisoner in an amount or at a rate determined by the commissioner;
        (2) pay any restitution or fine ordered by the sentencing court;
        (3) reimburse the state for an award made for violent crimes compensation under AS 18.67 arising out of the criminal conduct of the prisoner;
        (4) pay a civil judgment arising out of the criminal conduct of the prisoner; and
        (5) support the dependents of the prisoner, and to provide child support payments as required by AS 25.27.
   (c) After making the disbursements authorized under (b) of this section, the commissioner shall retain the balance remaining in the account of the prisoner and give it to the prisoner upon release. The commissioner may permit the prisoner to draw upon a portion of this money for other purposes that the commissioner considers appropriate.
   (d) Only the earnings retained by the commissioner under (c) of this section are subject to lien, attachment, garnishment, execution, or other proceedings to encumber money or property.

Authorities

33.30.031

Notes

Implemented As

22 AAC 05.331

References

22 AAC 05.300
22 AAC 05.331
AS 33.30.031 Contracts for confinement and care of prisoners.

History

(Sec. 6 ch 88 SLA 1986; am Sec. 32 ch 7 FSSLA 1994)