Procedure Standard
- Earnings received by prisoners on release to work are appropriately apportioned and managed in accordance with statutory requirements
Necessary Forms and Requirements
Form:
- F1 Daily Record Sheet (local)
Requirement:
- R1 Deductions From Release To Work Earnings
Procedure
- When a prisoner commences release to work the credit of his/her prison earnings to their Trust account is suspended.
- Release-to-work earnings are received and credited to the release to work earnings account independent of the prisoner's other funds held in Trust.
- Where no personal Trust Funds are held on commencement of release-to-work, the Prison Manager may approve a small recoverable advance from the Welfare and Entertainment Fund to cover incidental expenses until the first payment from the employer is received.
Earnings of Employed Prisoners
- The net amount of wages or salary payable to any prisoner for work done by him or her during any period or periods, for which he or she is released day-to-day to engage in employment (including self employment), is to be paid to the Chief Executive by that prisoner's employer, in such manner as is agreed between the Chief Executive and the employer, to the credit of the prisoner.
- Notwithstanding anything in the Injury Prevention, Rehabilitation and Compensation Act 2001, all sums that become payable under that Act to any prisoner, in respect of any total or partial incapacity for work resulting from an injury suffered by that prisoner during any period for which he or she is released from day to day to engage in employment (including self employment), is to be paid to the Chief Executive to the credit of the prisoner.
- Every prisoner who is released day-to-day to engage in self-employment is to pay to the Chief Executive, to the credit of the prisoner, at such times as the Chief Executive shall direct, such sums on account of his or her earnings in that employment as the Chief Executive shall determine.
- Any money paid to the Chief Executive under sections 66-68 of the Corrections Act 2004 to the credit of a prisoner, shall be applied by the Chief Executive, in such proportions as he/she thinks fit, in payment of all or any of the following:
- Any expenses incidental to the prisoner's employment outside the prison
- The cost of the prisoner's detention for each week during which he or she is allowed at any time to engage in employment outside the prison, in accordance with a direction under section 68 of the Corrections Act 2004, but not exceeding such weekly rate as shall be fixed from time to time by the Minister
- The maintenance of any of the prisoner's dependants
- Any amount ordered by the “Crimes Compensation Tribunal” to be refunded pursuant to section 23 of the Criminal Injuries Compensation Act 1963
- The prisoner's requirements on his or her release from the sentence under which he or she is detained
- Any fine or reparation or other sum of money which the prisoner was ordered to pay on his or her conviction for any offence
- The satisfaction in whole or in part of any judgment debt owing by the prisoner [or of any other debt acknowledged in writing by the prisoner as owing by him or her)
- The purchase by the prisoner of any article of a type approved for the time being by the Chief Executive, provided that any money paid to the Chief Executive under sections 66-68 of the Corrections Act 2004 will not be applied by the Chief Executive under paragraph (f) or paragraph (g) above
Other issues
- Funds are debited from the release-to-work earnings account and made available for incidental expenses and for temporary release for shopping, as approved by the Prison Manager.
- Any disbursement of a prisoner’s wages received is actioned in accordance with the authority for release-to-work, with deductions and apportionments applied as determined by the Chief Executive under section 68 of the Act.
- Any advance of anticipated wages paid is recovered in full from the first payment of wages unless authorised otherwise by the Prison Manager.
- A daily record sheet is maintained to record daily all money issued to and received by the prisoner.
- The prisoner is supplied with pay advice on a regular basis detailing credits and deductions.
- On the release of a prisoner, at the direction of the Prison Manager, accumulated release to work earnings held in Trust are paid to the prisoner.
Key Roles and Responsibilities
Prison Manager
- Approves advances of earnings
- Authorises conditions of release to work agreement
- Determines apportionment of earnings
Unit Manager
- Arranges method of payment of wages and deductions
Trust Clerk
- Actions credits and debits from prisoner earnings account
Sources of Further Information
- Department of Corrections Finance Manual
