Section 33.30.201. Compensation of prison inmates; deductions; disbursement; liens.

   (a) Each prisoner who is productively employed, as defined in AS 33.30.191(g)(1) or (3) - (5), may receive for that work compensation at a rate determined by the commissioner under this section if the money is available from legislative appropriations. Compensation established by the commissioner under this section may not exceed 50 percent of the minimum wage established in AS 23.10.065; however, if required to comply with a federal statute or regulation, a higher compensation may be established by the commissioner.
   (b) If compensation established under (a) of this section is 50 percent or more of the minimum wage established in AS 23.10.065, the commissioner may deduct the cost of confinement of the prisoner up to the statewide average cost of confinement before disbursements are made under (c) of this section.
   (c) The commissioner shall disburse compensation received under (a) of this section, after any deduction required by (b) of this section, in the following order of priority:
        (1) for support of the prisoner's dependents, if any;
        (2) to reimburse the state for compensation awarded under AS 18.67 resulting from the prisoner's criminal conduct;
        (3) to pay a civil judgment resulting from the prisoner's criminal conduct;
        (4) to pay a restitution or fine of the prisoner ordered by a sentencing court;
        (5) for the payment of fees for the prisoner's utilities services under AS 33.30.017;
        (6) for the purchase of clothing and commissary items for the prisoner's personal use.
   (d) A prisoner's compensation remaining after any deductions under (b) of this section and disbursements under (c) of this section is to be credited to the prisoner and, except as provided in (e) of this section, must be retained by the department for the primary purpose of being available to the prisoner at the time of release. The commissioner shall maintain individual prisoner accounts for those earnings. The commissioner may, however, permit the prisoner to draw on a portion of that money for other purposes that the commissioner considers appropriate.
   (e) If a prisoner escapes, a portion of the retained compensation of the prisoner, as determined by the commissioner, is to be forfeited. The commissioner shall deposit forfeited compensation in the general fund.
   (f) Except for execution by the state under AS 09.38.030(f), only the prisoner compensation retained by the commissioner under (d) of this section is subject to lien, attachment, garnishment, execution, or similar procedures to encumber money or property.

Authorities

18.15.320;37.05.146

Notes

Implemented As

22 AAC 05.105
22 AAC 05.110

References

AS 18.15.320 Cost of performing test; reimbursement.
AS 37.05.146 Definition of program receipts and non-general fund program receipts.

History

(Sec. 6 ch 88 SLA 1986; am Sec. 6, 7 ch 58 SLA 2006)