(a) An incarcerated individual who is employed in the community under a work-release plan shall surrender to the Division the incarcerated individual's total earnings less any payroll deductions required by law.
(b)(1) The Division shall deduct from the incarcerated individual's earnings in the following order of priority:
(i) an amount the Division determines to be the cost to the State of providing food, lodging, and clothing for the incarcerated individual;
(ii) fees assessed under § 2-118 of this article;
(iii) the actual and necessary food, travel, and other expenses of the incarcerated individual when released from actual confinement under the work-release program;
(iv) subject to paragraph (3) of this subsection, any amount that the incarcerated individual is legally obligated to pay to support the incarcerated individual's dependents; and
(v) the amount that a court orders to be paid as restitution.
(2) Any balance that remains after the deductions are made under subsection (a) of this section shall be:
(i) credited to the incarcerated individual's account; and
(ii) paid to the incarcerated individual on release.
(3) Any amount deducted under paragraph (1)(iv) of this subsection shall be paid to an incarcerated individual's dependents through the local social services administration in the county in which the dependents reside.
(c) If any part of the incarcerated individual's final earnings under a work-release plan are required to satisfy the obligatory deductions set forth in subsection (b) of this section, the balance of those earnings shall be forwarded to the incarcerated individual within 15 days after the incarcerated individual's release from the Division's jurisdiction.
Credits
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
