Sec. 12. (a) Any earnings of a person employed while in a community transition program, less payroll deductions required by law and court ordered deductions for satisfaction of a judgment against that person, may be collected by the community transition program at the discretion of the community transition program. Unless otherwise ordered by the sentencing court, if the community transition program collects the earnings under this section, the remaining earnings shall be distributed in the following order:

(1) To pay state and federal income taxes and Social Security deductions not otherwise withheld.

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Terms Used In Indiana Code 11-10-11.5-12

  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(2) To pay the cost of membership in an employee organization.

(3) Not less than twenty-five percent (25%) of the person’s gross earnings, if that amount of the gross is available after the above deductions, to be given to that person or retained for the person, with accrued interest, until the person’s release or discharge.

(4) To pay for the person’s room and board or electronic monitoring provided by the community transition program.

(5) To pay transportation costs to and from work and other work related incidental expenses incurred by the community transition program.

(6) To pay court ordered costs, fines, or restitution.

     (b) After the amounts prescribed in subsection (a) are deducted, the remaining amount may be used to:

(1) when directed by the person or ordered by the court, pay for the support of the person’s dependents (if the person’s dependents are receiving welfare assistance, the appropriate office of family and children or welfare department in another state shall be notified of such disbursements); and

(2) with the consent of the person, pay to the person’s victims or others any unpaid obligations of that person.

     (c) Any remaining amount shall be given to the person or retained for the person according to subsection (a)(3).

     (d) The collection of room and board or electronic monitoring costs under subsection (a)(4) may be waived.

As added by P.L.273-1999, SEC.208. Amended by P.L.90-2000, SEC.14.

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