REVIEW MONTH: AUGUST Tom Clements Executive Director

Transcription

1 ADMINISTRATIVE REGULATION REGULATION NUMBER PAGE NUMBER 1 OF 4 CHAPTER: Industries COLORADO DEPARTMENT OF CORRECTIONS SUBJECT: Offender Wage Deduction Agreement RELATED STANDARDS: ACA Standards NONE EFFECTIVE DATE: November 1, 2011 SUPERSESSION: 11/15/10 OPR: DCI REVIEW MONTH: AUGUST Tom Clements Executive Director I. POLICY The Division of Correctional Industries shall work with representatives of the federal government to develop program certification for a Prison Industry Enhancement and Certification Program (PIECP). This administrative regulation also defines the Department of Corrections (DOC) right to collect offender wage deductions in federally-certified work programs, known as cost accounting centers (CAC). II. PURPOSE The purpose of this administrative regulation (AR) is to: A. Establish the wage deduction agreement as a condition of work in a federally-certified CAC between the DOC and individual offenders. B. Clearly specify the DOC s authority to deduct a reasonable portion of the income earned by an offender to pay for incarceration costs and other purposes as itemized within this administrative regulation. C. Establish that costs of incarceration may be legally charged to an offender as specified by Colorado statute. D. Protect the offender and the DOC from misunderstandings relating to deductions from an offender s gross earnings. E. Ensure that the offender voluntarily agrees to and is aware of all authorized wage deductions. F. Require that all transactions will be recorded and reported to the offender on a periodic statement. G. Signify agreement between the DOC and the offender that all earnings and deductions will be disclosed to the parties involved in the agreement. III. DEFINITIONS A. Deductions: In addition to applicable taxes, an additional 20 percent of gross wages will be deducted for each of victim s compensation, and room and board, along with an additional 20 percent for dependent support, if required/authorized. Under no circumstances will deductions for taxes, costs of incarceration, dependent support, and victim compensation

2 CHAPTER SUBJECT AR # Page 2 Industries Offender Wage Deduction Agreement EFFECTIVE 11/01/11 fund, known as State Victims Assistance and Law Enforcement (VALE) payments exceed 80 percent of gross wages. B. Federally Certified Work Program: A Correctional Industries CAC recognized by federal authorities as satisfying the requirements of federal law and which thereby allows the interstate sale and distribution of offender-produced goods developed by that cost center. C. Gross Wage: All money earned during a regular monthly pay period by an offender who has been employed at any time during the pay period under any federally-certified work program. Offenders will be paid for actual hours worked only. D. Net Offender Pay: Fifty percent of all monies remaining after withdrawal of pocket money, payment of all applicable taxes, and authorized deductions. E. Periodic Deduction Statement: A statement issued periodically to an offender who is actively engaged in a federallycertified work program. The statement shall itemize gross wages earned, specific deductions, involuntary savings, and interest earned on involuntary saving deposits, if any. IV. PROCEDURES This administrative regulation provides overall direction and guidance for administering offender wages and deductions from such wages in federally-certified work programs. The setting of specific wage rates is not covered by this AR. A. Prior to employment and beginning work in any federally-certified work program, offenders assigned to such programs must sign an approved wage deduction agreement as a condition of program participation (Attachment A ). B. The offender wage deduction agreement authorizes the DOC to deduct contributions for the victim compensation program fund, dependent support payments, costs of incarceration, and applicable state and federal income taxes. No more than 80 percent of gross wages may be deducted from the offender s pay. A portion of the offender s net pay shall be placed in a savings account payable to the offender upon release. Savings account balances shall be used as an offset to any other statutorily required release payment or payments to such offenders. 1. Net Offender Pay: a. Taxes: Applicable state and federal income taxes will be collected from gross wages paid to offenders. b. Victim Compensation Program: An amount equal to 20 percent of gross wages will be deducted from the earnings of every offender working in a federally-certified work program, for deposit to the DOC s victim compensation program fund. c. Dependent Support Payment: Payments, not to exceed 20 percent of gross wages, will be deducted for dependent support payments to one or more members of an offender s immediate family or to the guardian of an offender s dependent child(ren), provided that payment has been ordered by a court of competent jurisdiction or as otherwise authorized in writing by the offender, and approved by the associate director of Correctional Industries. d. Costs of Incarceration: Twenty percent of gross wages will be collected from each offender and deposited with Correctional Industries to partially offset the cost of incarceration, including the costs of operating this program. e. Pocket Money: The first $46.00 of earnings remaining after deduction of taxes and other authorized deductions. f. Involuntary Savings Plan: Fifty percent of all earnings remaining after deduction of all applicable taxes, pocket

3 CHAPTER SUBJECT AR # Page 3 Industries Offender Wage Deduction Agreement EFFECTIVE 11/01/11 money, and authorized deductions will be placed in an interest bearing savings account to be given to the offender upon parole or discharge from DOC custody. At that time, the entire balance will be returned to the released offender. Also, involuntary savings held for an offender may be subject to additional deductions to cover damages assessed to the offender while incarcerated or employed in a program. Such damages must be paid in full, prior to disbursement of the amounts of an offender s involuntary savings plan account. The associate director of Correctional Industries may authorize the withdrawal of offender savings for emergencies concerning members of their immediate family. Requests for release of funds must be accompanied by a letter of authorization and approval from the offender s case manager or parole officer (Attachment B ). Emergency releases cannot reduce the savings balance below $100.00, as the intent of this savings account is to aid the offender upon parole or discharge from DOC custody. Emergency releases will not be authorized if DOC garnishments have been assessed to the offender's account, unless the remaining amount would be sufficient to cover the garnishments plus the mandatory $ savings. 2. In the event taxes should exceed 20 percent of applicable wages causing total deductions to be more than the maximum 80 percent of gross wages allowable, the difference will be deducted from the amount withheld for costs of incarceration in order to reduce the overall deduction amount and not exceed the maximum 80 percent deduction allowable. C. Amounts earned and deducted will be reported to each offender on a statement issued periodically by the DOC. D. Only programs established under the provisions of CRS , Training and employment by organizations - account for proceeds and wages, CRS , Venture Agreements, CRS , Agreements for the employment of inmates by private entities, and CRS , Correctional industries at nonstate-owned facilities are covered by this administrative regulation. E. Bookkeeping systems and procedures to record the data for reports; a system to monitor private business records to verify payments, deposits; and other methods to assure fairness and completely verifiable accounting for an offender s earnings will be worked into the program under the direction of the Division of Correctional Industries. V. RESPONSIBILITY The associate director of Correctional Industries is responsible for the overall implementation of the administrative regulation. VI. AUTHORITY A. CRS Ticket to leave-discharge-clothes, money, transportation. B. CRS Training and employment by organizations - account for proceeds and wages. C. CRS Venture agreements. D. CRS Agreements for the employment of inmates by private entities. E. CRS Correctional industries at nonstate-owned facilities. VII. HISTORY November 15, 2010 September 1, 2010 September 1, 2009 February 15, 2009

4 CHAPTER SUBJECT AR # Page 4 Industries Offender Wage Deduction Agreement EFFECTIVE 11/01/11 September 1, 2008 November 1, 2007 September 1, 2007 ATTACHMENTS: A. AR Form A, Offender Wage Deduction Agreement B. AR Form B, Request for Release of PIECP Savings Account Funds C. AR Form A, Administrative Regulation Implementation/Adjustments

5 COLORADO DEPARTMENT OF CORRECTIONS OFFENDER WAGE DEDUCTION AGREEMENT FEDERALLY-CERTIFIED WORK PROGRAM AR Form A (11/15/10) FEDERALLY-CERTIFIED WORK PROGRAM I, DOC Number, agree to the terms and the amounts outlined in DOC administrative regulation to be deducted from my earnings each month. The deductions are based on the levels and the percentages identified as part of the Offender Wage Deduction Agreement (administrative regulation ) and that no more than 80% of gross wages can be deducted from my earnings. I will be provided a periodic statement of earnings and deductions, including any savings accumulated and interest, if any, earned by such savings. This agreement shall remain in effect until my resignation or removal from the federally-certified work program noted above. Offender s Initials: (a) I have read and understand this Agreement and have received a copy of DOC administrative regulation (b) (c) I certify that I am voluntarily participating in the program covered hereby. I have prepared and herewith submit a W-4 form declaring not less than one tax exemption (myself). (d) I certify that I (do or do not) have court ordered dependent support requirements. (e) I agree to allow wage deductions for court-ordered dependent support, or as specifically requested by me in writing, and approved by the associate director of Correctional Industries. I understand that these agreed upon dependent support payments deducted will not exceed 20 percent of my gross wages. (f) I certify that I (do or do not) have court ordered victim s restitution requirements. (g) (h) (i) I agree to allow victim compensation deductions. I understand that these agreed upon victim compensation deductions will not exceed 20 percent of my gross wages. I agree to allow wage deductions that assist in offsetting the costs of incarceration. I understand that these agreed upon cost of incarceration deductions will not exceed 20 percent of my gross wages. I certify that I have not knowingly falsified any information in this application and accompanying attachments. Offender Signature: Date: Witness Signature: Date: Distribution: Working File Department File Offender Pay Offender Attachment A Page 1 of 1

6 AR Form B (11/15/10) MEMORANDUM TO: Associate Director, Colorado Correctional Industries FR: Case Manager/ Parole Officer: RE Offender: (Name and DOC #) DT: SUBJ: Request for Release of PIECP Savings Account Funds I, case manager/parole officer, working for the Colorado Department of Corrections have reviewed the attached letter of request for PIECP savings account funds from offender, DOC#, and authorize that this could be considered an emergency for his/her immediate family. It is my understanding that the associate director of Colorado Correctional Industries will make the final decision to grant or deny the attached request. Emergency releases cannot reduce the savings balance below $100.00, as the intent of this savings account is to aid the offender upon parole or discharge from DOC custody. Emergency releases will not be authorized if DOC garnishments have been assessed to the offender s account, unless the remaining amount would be sufficient to cover the garnishments plus the mandatory $ savings. (AR IV.B.1.f.) Signed: Case Manager/Parole Officer Date: Contact Phone: Work # Work Attachment B Page 1 of 1

7 ADMINISTRATIVE REGULATION IMPLEMENTATION/ADJUSTMENTS AR Form A (04/15/08) CHAPTER SUBJECT AR # EFFECTIVE Industries Offender Wage Deduction Agreement /01/11 (FACILITY/WORK UNIT NAME) WILL ACCEPT AND IMPLEMENT THE PROVISIONS OF THE ABOVE ADMINISTRATIVE REGULATION: [ ] AS WRITTEN [ ] NOT APPLICABLE [ ] WITH THE FOLLOWING PROCEDURES TO ACCOMPLISH THE INTENT OF THE AR (SIGNED) Administrative Head (DATE) Attachment C Page 1 of 1