DENVER SHERIFF DEPARTMENT
Office of the Sheriff
 Department Order
1.00.6003
 Previous Revision:
December 2020		  Current Revision:
September 2023
  Reviewed:
November 2021
  Effective Date:
September 22nd, 2023
Related Standards:
Denver Revised Municipal Code (D.R.M.C.) Article XII Section: 53-517
Related (referenced) Department Orders:
1.00.1020
 Subject:
INMATE WAGE DEDUCTION AGREEMENT
  1. Purpose:
    1. The purpose of this policy is to:
      1. establish the Wage Deduction Agreement as a condition of work in a federally-certified cost accounting centers (CAC) between the Denver Sheriff Department ("DSD" or the "Department") and individual inmates;
      2. specify the DSD’s authority to deduct a reasonable portion of the income earned by an inmate to pay for incarceration costs and other purposes as itemized within this department order;
      3. establish the costs of incarceration that may be legally charged to an inmate as specified by Article XII Section 53-517 of the Denver Revised Municipal Code (D.R.M.C.);
      4. protect the inmate and the Department from misunderstandings relating to deductions from an inmate’s gross earnings;
      5. ensure that the inmate voluntarily agrees to and is aware of all authorized wage deductions;
      6. require that all transactions will be recorded and reported to the inmate on a periodic statement; and
      7. signify agreement between the DSD and the inmate that all earnings and deductions will be disclosed to the parties involved in the agreement.
  2. Policy: The Denver Jail Industries Program shall work with representatives of the federal government to develop program certification for a Prison Industry Enhancement Certification Program (PIECP). This department order also defines the DSD’s right to collect inmate wage deductions in federally-certified work programs, known as CAC. Also, see Department Order 1.00.1020 – Jail Industry Program.
  3. Cancellation: This order supersedes and cancels previous versions of Department Order 1.00.6003. 
  4. Definitions: 
    1. "Deductions" in addition to applicable taxes, an additional twenty (20) percent of gross wages will be deducted for contributions to the victim's assistance fund, along with an additional twenty (20) percent for dependent support if required/authorized. Under no circumstances will deductions for taxes, costs of incarceration, dependent support, victim compensation, and National Corrections Industries Association (NCIA) payments exceed eighty (80) percent of gross wages.
    2. "Federally Certified Work Program" is a Jail 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.
    3. "Gross Wage" refers to all money earned during a regular monthly pay period by an inmate who has been employed at any time during the pay period under any federally-certified work program. Inmates will only be paid for actual hours worked. 
    4. "Net Inmate Pay" refers to fifty (50) percent of all monies remaining after the withdrawal of pocket money, payment of all applicable taxes and authorized deductions, including:
      1. Taxes: 
        1. Applicable federal, state, and local income taxes will be collected from gross wages paid to inmates.
      2. Victim Assistant Fund: 
        1. An amount equal to twenty (20) percent of gross wages will be deducted from the earnings of every inmate working in a federally-certified work program, for deposit in the victim’s assistance fund.
      3. Dependent Support Payment:
        1. Payments not to exceed twenty (20) percent of gross wages will be deducted for dependent support payments to one or more members of an inmate’s immediate family, or to the guardian of an inmate’s dependent child(ren), provided that:
          1. Payment has been ordered by a court of competent jurisdiction, is required by state law, or as otherwise authorized in writing by the inmate and approved by the Sheriff or designee.
      4. Costs of Incarceration:
        1. Twenty (20) percent of gross wages will be collected from each inmate and deposited with Jail Industries to partially offset the cost of incarceration including the costs of operating this program.
      5. Pocket Money:
        1. The first forty-six dollars ($46.00) of earnings remaining after deduction of taxes and other authorized deductions. 
      6. Involuntary Savings Plan:
        1. Fifty (50) percent of all earnings remaining after deduction of all applicable taxes, pocket money, and authorized deductions will be placed in an interest-bearing savings account to be given to the inmate upon discharge from DSD custody. At that time, the entire balance will be returned to the released inmate. Also, involuntary savings held for an inmate may be subject to additional deductions to cover damages assessed to the inmate while incarcerated or employed in a program.
        2. Such damages must be paid in full per disbursement of the amounts of an inmate’s involuntary savings plan account. The Sheriff or designee may authorize the withdrawal of inmate 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 Operations Division chief or designee.
        3. In the event taxes should exceed twenty (20) percent of applicable wages causing total deductions to be more than the maximum eighty (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 eighty (80) percent deduction allowable.
      7. National Correctional Industries Association (NCIA) Payment: 
        1. Three (3) percent of gross wages will be deducted and payment made to the NCIA to address fees authorized through federal legislation.
    5. "Benefits" are the authority to provide inmate workers with benefits comparable to those made available by the federal or state government to similarly situated private-sector employees, including workers’ compensation and in some circumstances, social security.
    6. "Periodic Deduction Statement" is a statement issued periodically to an inmate worker who is actively engaged in a federally-certified work program. The statement shall itemize gross wages earned, specific deductions, involuntary savings, and interest earned on involuntary saving deposits if any.
  5. Guidelines and Implementation:
    1. Wage Deduction Agreements:
      1. Before employment and beginning work in any federally-certified work program, inmates assigned to such programs must sign an approved wage deduction agreement as a condition of program participation.
        1. The Inmate Wage Deduction Agreement Form (which can be found here) authorizes the DSD to deduct contributions for the victim compensation, dependent support payments, costs of incarceration, applicable federal, state, local taxes, and NCIA payments.
        2. A portion of the inmate’s net pay shall be placed in a savings account payable to the inmate upon release.
        3. Savings account balances shall be used as an offset to any other statutorily required release payment or payments to such inmates.
        4. Amounts earned and deducted will be reported to each inmate on a statement issued periodically by the Department.
    2. Accounting:
      1. Bookkeeping systems and procedures to record the data for reports, including a system to monitor private business records to verify payments, deposits and other methods to assure fairness and completely verifiable accounting for an inmate’s earnings, will be worked into the program under the direction of the Denver Jail Industries.
  6. Accountability: 
    1. It will be the responsibility of the Sheriff to ensure compliance with this department order and for annual reviews and revisions.
    2. Responsibility: 
      1. Training: The Training Academy will ensure that the curriculum of all currently existing classes and any newly developed classes are compliant with this order, as applicable.
      2. Management: The division chief/unit commander or unit manager of any facility or unit affected by this policy will:
        1. ensure that existing procedures and all newly developed orders are in compliance with this order;
        2. ensure that all affected personnel are made aware of this policy; and
        3. ensure this policy is reviewed annually for compliance with all federal, state and local laws and standards.
      3. Supervisors: All supervisors will ensure that the provisions of this policy are being followed.
      4. Staff: All employees will comply with the provisions of this policy.
  7. Effective Date: This order will become effective on September 22nd, 2023.
  8. Approval: This document has been reviewed, approved, and electronically signed by the Sheriff of the City and County of Denver prior to its publication.