Minn. Stat. » CHAPTER 243. CORRECTIONS; ADULTS
Minnesota Statutes

Minn. Stat. § 243.23 (2026)

Compensation Paid To Inmates

✓ current as of May 2026
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Subdivision 1.Compensation.

Notwithstanding any law to the contrary, the commissioner of corrections may provide for the payment to inmates of correctional facilities under the commissioner's management and control any pecuniary compensation the commissioner deems proper, the amount of compensation to depend upon the quality and character of the work performed as determined by the commissioner of corrections and the chief executive officer. Inmates who because of illness or physical disability cannot work may be paid a minimal amount per day as determined by the commissioner. These earnings shall be paid out of the fund provided for the carrying on of the work in which the inmate is engaged when employed on state account, or from the current expense fund of the facility as the commissioner of corrections determines.

Subd. 2.Inmate payment of board and room.

The commissioner may promulgate rules requiring the inmates of adult correctional facilities under the commissioner's control to pay all or a part of the cost of their board, room, clothing, medical, dental and other correctional services. These costs are payable from any earnings of the inmate, including earnings from private industry established at state correctional facilities pursuant to section 243.88. All sums of money received pursuant to the payments made for correctional services as authorized in this subdivision are available for use by the commissioner during the current and subsequent fiscal year, and are appropriated to the commissioner of corrections for the purposes of the fund from which the earnings were paid.

Subd. 3.Exceptions.

Notwithstanding sections 241.26, subdivision 5, and 243.24, subdivision 1, the commissioner may make deductions from funds earned under subdivision 1, or other funds in an inmate account, and section 243.88, subdivision 2. The commissioner shall make deductions for the following expenses in the following order of priority:

(1) federal and state taxes;

(2) repayment of advances;

(3) gate money as provided in section 243.24;

(4) support of families and dependent relatives of the respective inmates;

(5) payment of court-ordered restitution;

(6) room and board or other costs of confinement;

(7) medical expenses incurred under section 243.212;

(8) payment of fees and costs in a civil action commenced by an inmate;

(9) payment of fines, surcharges, or other fees assessed or ordered by a court;

(10) contribution to the Crime Victims Reparations Board created under section 611A.55, provided that the contribution shall not be more than 20 percent of an inmate's gross wages;

(11) the payment of restitution to the commissioner ordered by prison disciplinary hearing officers for damage to property caused by an inmate's conduct;

(12) restitution to staff ordered by a prison disciplinary hearing officer for damage to property caused by an inmate's conduct;

(13) restitution to another inmate ordered by a prison disciplinary hearing officer for personal injury to another caused by an inmate's conduct; and

(14) discharge of any legal obligations arising out of litigation under this subdivision.

The commissioner may authorize the payment of court-ordered restitution from an inmate's wages when the restitution was ordered by the court as a sanction for the conviction of an offense which is not the offense of commitment, including offenses which occurred prior to the offense for which the inmate was committed to the commissioner. An inmate of an adult correctional facility under the control of the commissioner is subject to actions for the enforcement of support obligations and reimbursement of any public assistance rendered the dependent family and relatives. The commissioner may conditionally release an inmate who is a party to an action under this subdivision and provide for the inmate's detention in a local detention facility convenient to the place of the hearing when the inmate is not engaged in preparation and defense.

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1966–2022 · leading case: Weber v. Hvass, 626 N.W.2d 426 (Minn. Ct. App. 2001).
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Weber v. Hvass, 626 N.W.2d 426 (Minn. Ct. App. 2001). · cites it 10× “In enacting the cost-of-confinement policy, did DOC act beyond its statutory authority under Minn.Stat. § 243.23 (2000)? III. In enacting the cost-of-confinement policy, did DOC violate the rulemaking requirements of the Minnesota Administrative Procedures Act? IV.”
Leonard G. Tillman v. Lebanon Cnty. Corr. Facility Robert L. Raiger, Warden, 221 F.3d 410 (3rd Cir. 2000). · cites it 2× “July 25, 1998 because of the expiration of the maximum underlying sentence. . Some statutes allow for deductions from a prisoner’s wages.”
McMaster v. State of Minn., 819 F. Supp. 1429 (D. Minnesota 1993). · cites it 4× “Compensation paid to inmates working in prison industries is determined by the commissioner of the DOC, pursuant to Minn.Stat. § 243.23, subd. 1, which allows the commissioner to pay inmates according to the quality and character of the work performed.”
Calvin Slade v. Hampton Roads Reg'l Jail, & Commonwealth of Virginia, Intervenor, 407 F.3d 243 (4th Cir. 2005). “note 3 (2003); Minn.Stat. § 243.23(2) (2003). Other states have broader statutes that simply give authority to recoup the costs of confinement.”
Sutherlin v. State, 574 N.W.2d 428 (Minn. 1998). · cites it 2× “Minn.Stat. § 243.23, subd. 2 (1996). These costs are payable from earnings, including those earned from private industry.”
Murray v. Minncor, 596 N.W.2d 702 (Minn. Ct. App. 1999). · cites it 4× “Minn.Stat. § 243.23, subd. 3. Nothing in the agreement signed by Murray negates this statutory authority.”
Waters v. Bass, 304 F. Supp. 2d 802 (E.D. Va. 2004). “Code § 12-30-406 (2003); Minn. Stat. § 243.23 (3); Cal. Code Regs.”
McKenzie v. State, 713 N.W.2d 840 (Minn. 2006). · cites it 4× “” Specifically, Mckenzie argues that Minn.Stat. § 243.23, subd. 3(10) (2004), which authorizes the Commissioner of Corrections to withhold funds from inmates’ *843 earnings for contribution to the Crime Victims Reparations Board created under Minn.”
State v. Mozeley, 450 N.W.2d 149 (Minn. Ct. App. 1990). · cites it 6× “See Minn.Stat. §§ 243.23, subd. 3; 243.24 (1988).”
David Gamble v. Minnesota State-Operated Svcs, 32 F.4th 666 (8th Cir. 2022). “And, in any event, the mere fact that the state can recover cost of care through either wage deductions or cost-of-care payments does not create an employment relationship because the state can recover cost of care from Minnesota prisoners too, Minn. Stat. § 243.23 , subd. 2,…”
State Ex Rel. Danielsen v. Tahash, 141 N.W.2d 390 (Minn. 1966). · cites it 2× “Any money arising under section 243.23 shall be and remain under the control of the commissioner of corrections and shall be for the sole benefit of the prisoner, unless by special order of the commissioner of corrections it shall be used for rendering assistance to his family…”
McMaster v. Minnesota, 30 F.3d 976 (8th Cir. 1994). “” Minn.Stat. § 243.23(1) (1993). The authorizing statute explains the State’s primary purpose in establishing these activities: The industrial and commercial activities authorized by this section shall be for the primary purpose of providing vocational training, meaningful…”
Show all 16 citing cases →
— Minn. Stat. § 243.23(1) — 1 case
McMaster v. Minnesota, 30 F.3d 976 (8th Cir. 1994). “” Minn.Stat. § 243.23(1) (1993). The authorizing statute explains the State’s primary purpose in establishing these activities: The industrial and commercial activities authorized by this section shall be for the primary purpose of providing vocational training, meaningful…”
— Minn. Stat. § 243.23(2) — 2 cases
Calvin Slade v. Hampton Roads Reg'l Jail, & Commonwealth of Virginia, Intervenor, 407 F.3d 243 (4th Cir. 2005). “note 3 (2003); Minn.Stat. § 243.23(2) (2003). Other states have broader statutes that simply give authority to recoup the costs of confinement.”
Leonard G. Tillman v. Lebanon Cnty. Corr. Facility Robert L. Raiger, Warden, 221 F.3d 410 (3rd Cir. 2000). “July 25, 1998 because of the expiration of the maximum underlying sentence. . Some statutes allow for deductions from a prisoner’s wages.”
— Minn. Stat. § 243.23(3) — 1 case
Leonard G. Tillman v. Lebanon Cnty. Corr. Facility Robert L. Raiger, Warden, 221 F.3d 410 (3rd Cir. 2000). “July 25, 1998 because of the expiration of the maximum underlying sentence. . Some statutes allow for deductions from a prisoner’s wages.”
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