37 Tex. Admin. Code § 154.9 - Distribution of Wages of Offenders Participating in the Prison Industries Enhancement Certification Program
(a) Each
cost accounting center (CAC) shall collect and disburse earned wages according
to federal and state law, federal guidelines, the contract, and this
rule.
(b) The CAC shall disburse 80
percent of the participant's gross wages according to the following schedule of
priorities for the Texas Department of Criminal Justice (TDCJ) and county
correctional facility participants:
(1)
Applicable taxes;
(2) Twenty
percent for family support of legal dependents or to the Office of the Attorney
General (OAG) Child Support Division as payment toward a child support court
order;
(3) Ten percent for
restitution;
(4) Ten percent to the
OAG Crime Victims' Compensation Fund; and
(5) The remaining percentage to room and
board unless the participant has an outstanding child support obligation, in
which case the percentage shall be applied to any outstanding child support
obligation until such balance is paid in full.
(c) The CAC shall deposit 20 percent of the
participant's gross wages into the participant's trust fund account for the
benefit of the participant unless the participant has any outstanding child
support obligation, in which case, 50 percent of this amount shall be applied
to any outstanding child support until such balance is paid in full.
(d) The CAC shall disburse the participant's
wages according to the following schedule of priorities for Texas Juvenile
Justice Department (TJJD) participants:
(1)
Applicable taxes;
(2) Ten percent
for family support of legal dependents or to the OAG Child Support Division as
payment toward a child support court order;
(3) Five percent for restitution;
(4) Eight percent to the OAG Crime Victims'
Compensation Fund; and
(5) The
remaining percentage to be deposited into the participant's trust fund
account.
(e) The TDCJ
general counsel shall consult with the TJJD prior to any revisions to the
disbursement of the TJJD participant wages.
(f) The CAC shall maintain accurate records
of the receipt and distribution of participant wages. Accounting records shall
be available for audit by the Texas Board of Criminal Justice (TBCJ), the TDCJ,
or representatives of the state or federal government.
(g) The CAC shall report the distribution of
wages in the format designated by the Bureau of Justice Assistance
(BJA).
(h) The CAC shall complete
and forward the report of the distribution of wages on a quarterly basis for
each calendar year. The report shall be submitted to the TDCJ not later than
the 10th working day following the end of the quarter.
(i) The TDCJ shall compile a combined report
of the wage distributions for all CACs by the 20th day following the end of the
quarter. The report shall be provided to the TBCJ and the BJA for
review.
(j) The TDCJ shall provide
written notice to the TJJD, the county correctional facilities, the
participants, and the CACs of any changes by the TBCJ to the distribution of
wages of offenders participating in the PIE certification program.
(k) Each month, the TDCJ shall forward money
deducted from participant wages for room and board to the comptroller of public
accounts.
Notes
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