1. A. The State Board of Corrections shall have the following powers and duties with respect to the operation of prison industries, the Construction Division, and administration of inmate trust funds:

   1. 1. The power to make leases or other contracts consistent with the operation of prison industries, and to set aside land or facilities for the use of such industry;
   2. 2. The power to establish conditions for expenditures by the Department of Corrections from the Industries Revolving Fund;

   3. 3. The power to negotiate wages and working conditions on behalf of prisoners working in prison industries or prisoners working in the Construction Division. Pay grades for the Construction Division "on-the-job training" inmate crews shall be as follows:

      1. a. Pay Grade "A" - Inmate Worker,
      2. b. Pay Grade "B" - Inmate Worker,
      3. c. Pay Grade "C" - Apprentice,
      4. d. Pay Grade "D" - Skilled Craft;
   4. 4. The power to collect wages on behalf of the inmate, to apportion inmate wages in accordance with the law; and the duty to preserve those wages reserved for the inmate in an account for his or her benefit, and to establish procedures by which the inmate can draw funds from this account under the conditions and limitations and for the purposes allowed by law;
   5. 5. The duty to establish the percentages of such wages which shall be available for apportionment to inmate savings; to the inmate for his or her personal use; to the lawful dependents of the inmate, if any; to the victim of the inmate's crime; for payment of creditors; for payment of costs and expenses for criminal actions against such inmate; and to the Department of Corrections for costs of incarceration. Provided, that not less than twenty percent (20%) of such wages shall be placed in an account, payable to the prisoner upon his or her discharge or upon assignment to a prerelease program. Funds from this account may be used by the inmate for fees or costs in filing a civil or criminal action as defined in Section 151 et seq. of Title 28 of the Oklahoma Statutes or for federal action as defined in Section 1911 et seq. of Title 28 of the United States Code, 28 U.S.C., Section 1911 et seq.; and
   6. 6. The power to invest the twenty percent (20%) mandatory savings of each inmate in an interest-bearing account with the interest accruing and payable to the Crime Victims Compensation Fund, as provided in Section 142.17 of Title 21 of the Oklahoma Statutes. The interest from each inmate's savings account shall be payable to the Crime Victims Compensation Fund, at such intervals as may be determined by the Board, in addition to any other payments to such fund required by the inmate's sentence or otherwise by law. An inmate shall not have the right, use or control of any interest derived from any funds placed in a mandatory savings account.

2. B. The State Board of Corrections shall cause to be placed in an account income from the inmate's employment and any other income or benefits accruing to or payable to and for the benefit of said inmate, including any workers' compensation or Social Security benefits.

   1. 1. From this account the State Board of Corrections may charge any inmate working in private prison industries or any other inmate for costs of incarceration not to exceed fifty percent (50%) of any deposits made to said account.
   2. 2. The Department of Corrections shall pay into the Crime Victims Compensation Revolving Fund, Section 142.17 of Title 21 of the Oklahoma Statutes, an amount equal to five percent (5%) of the gross wages earned by inmates working in a private prison industries program, said amount to be paid from the amount deducted for cost of incarceration.
   3. 3. Withdrawals and deposits shall be made according to rules and regulations established by the State Board of Corrections.
3. C. The Department of Corrections may assess costs of incarceration against all inmates beginning on September 1, 1992. Such costs shall be a debt of the inmate owed to the Department of Corrections and may be collected as provided by law for collection of any other civil debt. In addition to the provisions of this section authorizing expenditure of inmate trust funds for costs of incarceration, any monies received for costs of incarceration shall be deposited in the Department of Corrections Revolving Fund.

Laws 1977, HB 1105, c. 258, § 5, eff. October 1, 1977; Amended by Laws 1981, SB 232, c. 100, § 1, emerg. eff. April 22, 1981; Amended by Laws 1985, HB 1326, c. 57, § 2, eff. November 1, 1985; Amended by Laws 1990, SB 634, c. 180, § 1, eff. September 1, 1990; Amended by Laws 1991, SB 388, c. 95, § 1, eff. September 1, 1991; Amended by Laws 1992, SB 671, c. 319, § 5, eff. September 1, 1992; Amended by Laws 1993, SB 456, c. 29, § 2, emerg. eff. April 2, 1993; Amended by Laws 1995, HB 1762, c. 266, § 4, emerg. eff. May 25, 1995; Amended by Laws 1996, HB 2620, c. 166, § 2, emerg. eff. July 1, 1996.