Ind. Code ch. 11-10-7

in effect

Ind. Code § 11-10-7-1 Application of chapter

Sec. 1. This chapter applies only to criminal offenders. As added by Acts 1979, P.L.120, SEC.3.

Ind. Code § 11-10-7-2 Programs for employment of offenders by private persons; establishment; lease of land and improvements

Sec. 2. (a) The commissioner may establish programs for the employment of offenders by private persons. In establishing these programs, the commissioner may enter into agreements with any private person under which that person establishes, by construction, lease, or otherwise, facilities within the exterior boundary of any state adult correctional facility, for the manufacture and processing of goods or any other business or commercial enterprise. (b) In administering this chapter, the commissioner may, as a part of or in connection with any agreement made under subsection (a), lease, for not more than twenty (20) years, land, with the improvements on it, located on the grounds of any state correctional facility for use by the private party to that agreement for providing employment under this chapter. As added by Acts 1979, P.L.120, SEC.3. Amended by Acts 1980, P.L.87, SEC.4; P.L.193-2025, SEC.9.

Ind. Code § 11-10-7-3 Agreement between commissioner and private person; wages; employment on voluntary basis; unemployment compensation

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.

Ind. Code § 11-10-7-4 Laws governing commercial enterprise established under this chapter

Sec. 4. A commercial enterprise established under this chapter is a private enterprise subject to laws governing the operation of similar enterprises in Indiana. As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.193-2025, SEC.10.

Ind. Code § 11-10-7-5 Earnings of offender; distribution

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.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/11Fetched: 10/17/2026