Indiana Code

Ind. Code § 11-10-7-3 (2026)

Agreement between commissioner and private person; wages; employment on voluntary basis; unemployment compensation

✓ current as of May 2026

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Sec. 3. (a) Any agreement entered into between the commissioner and a private person under this chapter must provide that an offender employed by a private person under this chapter will be paid at least the prevailing wage for that type of work as established by the department of workforce development, including applicable wage increases for overtime work.

(b) An offender may be employed under this chapter only on a voluntary basis and only after the offender has been informed of the conditions of the offender's employment.

(c) An offender employed under this chapter is not eligible for unemployment compensation benefits under workforce development laws.

(d) An offender employed in accordance with this chapter is subject to IC 22-2-5-3 and IC 22-2-9-8.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.18-1987, SEC.10; P.L.21-1995, SEC.14; P.L.223-2013, SEC.4.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2015–2022 · leading case: Chuck W. Adams, Charles E. Howard v. ArvinMeritor, Inc., 48 N.E.3d 1 (Ind. Ct. App. 2015).

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Chuck W. Adams, Charles E. Howard v. ArvinMeritor, Inc., 48 N.E.3d 1 (Ind. Ct. App. 2015). · cites it 8× “” Ind. Code § 11-10-7-3 (b). Any such agreement “must provide that an offender employed by a private person under this chapter will be paid at least the prevailing wage for that type of work .”

Chuck W. Adams, Charles E. Howard v. ArvinMeritor, Inc., 60 N.E.3d 1022 (Ind. 2016). · cites it 2× “Indiana Code section 11-10-7-3 provides that “an offender employed by a private person under this chapter will be paid at least the prevailing wage for that type of work .”

Bridges v. Carter (N.D. Ind. 2022). · cites it 4× “Ind. Code §§ 11-10-7-3 ; 11-10-7-5(a)(3).”

Eltzroth v. Miami Corr. Facility (N.D. Ind. 2022). · cites it 2× “” Ind. Code § 11-10-7-3 . One of the conditions is that “[t]he earnings of an offender employed under this chapter shall be surrendered to the department” and distributed according to the terms of the statute, Ind.”

— Ind. Code § 11-10-7-3(b) — 1 case

Chuck W. Adams, Charles E. Howard v. ArvinMeritor, Inc., 48 N.E.3d 1 (Ind. Ct. App. 2015). “” Ind. Code § 11-10-7-3 (b). Any such agreement “must provide that an offender employed by a private person under this chapter will be paid at least the prevailing wage for that type of work .”

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