Ind. Code » Title 11
Indiana Code

Ind. Code § 11-10-7-5 (2026)

Earnings of offender; distribution

✓ current as of May 2026
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     Sec. 5. (a) The earnings of an offender employed under this chapter shall be surrendered to the department. This amount shall be distributed in the following order:

(1) Not less than twenty percent (20%) of the offender's gross earnings to be given to the offender or retained by the department. If retained by the department, the amount, with accrued interest if interest on the amount is earned, must be returned to the offender not later than at the time of the offender's release on parole or discharge.

(2) State and federal income taxes and Social Security deductions.

(3) The expenses of room and board, as fixed by the department and the budget agency, in facilities operated by the department, or, if the offender is housed in a facility not operated by the department, the amount paid by the department to the operator of the facility or other appropriate authority for room and board and other incidentals as established by agreement between the department and the appropriate authority.

(4) The support of the offender's dependents, when directed by the offender or ordered by the court to pay this support. If the offender's dependents are receiving welfare assistance, the appropriate county office of the division of family resources or welfare department in another state shall be notified of these disbursements.

(5) Ten percent (10%) of the offender's gross earnings, to be deposited in the violent crime victims compensation fund established by IC 5-2-6.1-40.

(6) If an offender is eligible for an offender reentry administrative account under IC 11-10-15, at least ten percent (10%) and not more than twenty percent (20%) of the offender's gross earnings, to be deposited in the offender's reentry administrative account.

     (b) Any remaining amount shall be given to the offender or retained by the department in accord with subsection (a)(1).

     (c) The department may, when special circumstances warrant or for just cause, waive the collection of room and board charges by or on behalf of a facility operated by the department or, if the offender is housed in a facility not operated by the department, authorize payment of room and board charges from other available funds.

As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.5; P.L.2-1992, SEC.109; P.L.4-1993, SEC.13; P.L.5-1993, SEC.26; P.L.47-1993, SEC.4; P.L.1-1994, SEC.43; P.L.146-2008, SEC.369; P.L.44-2009, SEC.5; P.L.104-2009, SEC.2.

 

IC 11-10-8Chapter 8. Minimum Security Release Program for Criminal Offenders and Offender Earnings

 

           11-10-8-1Application of chapter
           11-10-8-2Establishment of programs; violent crime offenders
           11-10-8-3Assignment to program; requirements
           11-10-8-4Contracts for confinement of offenders
           11-10-8-5Directives; establishment
           11-10-8-6Earnings of offender; distribution
           11-10-8-6.5Work release—study release subsistence special revenue fund
           11-10-8-7Supervision over conditions of employment
           11-10-8-8Status of offender while going to or from employment
           11-10-8-9Notice to victim before assignment of offender to work release program

 

Notes of Decisions
Cited in 3 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 4× “Section 11-10-7-5 details how the offender’s earnings under this chapter are to be distributed.”
Bridges v. Carter (N.D. Ind. 2022). · cites it 2× “Code § 11-10-7-3 , one of which 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. Code § 11-10-7-5 (a). Prison regulations enacting this statute specify that the…”
Eltzroth v. Miami Corr. Facility (N.D. Ind. 2022). “Code § 11-10-7-5 (a). Prison regulations enacted pursuant to this statute specify that the first 20 percent of an offender’s gross earning is for his use (either available right away or given upon his release).”
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