(a) This section applies to an incarcerated individual in a State or local correctional facility. (b) The Department shall collect an incarcerated individual's earnings. (c) From an incarcerated individual's earnings, the Department shall: (1) if required by law, reimburse the county or State for the cost of providing food, lodging, and clothing to the incarcerated individual; (2) pay court ordered payments for support of dependents; (3) pay court ordered payments for restitution; and (4) pay compensation for victims of crime in accordance with subsection (d) of this section. (d) (1) Of the earnings of an incarcerated individual in the Private Sector/Prison Industry Enhancement Certification Program of the United States Department of Justice, Bureau of Justice Assistance, the Department shall withhold 20% for compensation for victims of crime, in accordance with the requirements of the Program. (2) (i) This paragraph applies to an incarcerated individual who is subject to an unsatisfied judgment of restitution. (ii) If an incarcerated individual has earnings that are not covered under the provisions of paragraph (1) of this subsection, the Department shall withhold 25% for compensation for victims of crime until the judgment is satisfied. (3) (i) If a court in a criminal or juvenile delinquency proceeding has ordered the incarcerated individual to pay restitution, the Department shall forward the money withheld under paragraph (1) of this subsection to the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article. (ii) The Criminal Injuries Compensation Board shall distribute from the Criminal Injuries Compensation Fund any amount received under this paragraph to the person or governmental unit specified in the judgment of restitution to pay the restitution as required under § 11-607(b)(2) of the Criminal Procedure Article. (4) If the incarcerated individual is not subject to a judgment of restitution or the judgment of restitution is satisfied, of the money withheld under paragraph (1) of this subsection, the Department shall pay: (i) 50% into the Criminal Injuries Compensation Fund established under § 11-819 of the Criminal Procedure Article; and (ii) 50% into the State Victims of Crime Fund established under § 11-916 of the Criminal Procedure Article. (e) The Department shall: (1) credit to the incarcerated individual's account any balance that remains after paying the items in subsection (c)(1) through (4) of this section; and (2) pay the balance in the incarcerated individual's account to the incarcerated individual within 15 days after the incarcerated individual is released.
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