Minnesota State Bankruptcy Exemptions
510.01 Homestead defined; exempt; exception
The house owned and occupied by a debtor as the debtor's dwelling place,
together with the land upon which it is situated to the amount of area and
value hereinafter limited and defined, shall constitute the homestead of such
debtor and the debtor's family, and be exempt from seizure or sale under legal
process on account of any debt not lawfully charged thereon in writing, except
such as are incurred for work or materials furnished in the construction,
repair, or improvement of such homestead, or for services performed by laborers
or servants and as is provided in section 550.175.
510.02 Area and value; how limited
The homestead may include any quantity of land not exceeding 160 acres, and not
included in the laid out or platted portion of any city. If the homestead is
within the laid out or platted portion of a city, its area must not exceed
one-half of an acre. The value of the homestead exemption, whether the
exemption is claimed jointly or individually, may not exceed $ 200,000 or, if
the homestead is used primarily for agricultural purposes, $ 500,000, exclusive
of the limitations set forth in section 510.05.
550.37 Property exempt
Subdivision 1. Exemption. The property mentioned in this section is not liable
to attachment, garnishment, or sale on any final process, issued from any
court.
Subd. 2. Bible and musical instrument. The family Bible, library, and musical
instruments.
Subd. 3. Pew and burial lot. A seat or pew in any house or place of public
worship and a lot in any burial ground.
Subd. 4. Personal goods. (a) All wearing apparel, one watch, utensils, and
foodstuffs of the debtor and the debtor's family; and
(b) household furniture, household appliances, phonographs, radio and television
receivers of the debtor and the debtor's family, not exceeding $ 4,500 in
value.
(c) the debtor's aggregate interest, not exceeding $1,225 in value, in wedding
rings or other religious or culturally recognized symbols of marriage exchanged
between the debtor and spouse at the time of the marriage and in the debtor's
possession.
The exemption provided by this subdivision may not be waived except with regard
to purchase money security interests. Except for a pawnbroker's possessory
lien, a nonpurchase money security interest in the property exempt under this
subdivision is void.
If a debtor has property of the type which would qualify for the exemption under
clause (b) of this subdivision, of a value in excess of $ 4,500 an itemized
list of the exempt property, together with the value of each item listed, shall
be attached to the security agreement at the time a security interest is taken,
and a creditor may take a nonpurchase money security interest in the excess
over $ 4,500 by requiring the debtor to select the exemption in writing at the
time the loan is made.
Subd. 4a. Adjustment of dollar amounts. (a) Except for subdivisions 5 and 7, the
dollar amounts in this section shall change periodically as provided in this
subdivision to the extent of changes in the implicit price deflator for the
gross national product, 1972 = 100, compiled by the United States Department of
Commerce, and hereafter referred to as the index. The index for December, 1980,
is the reference base index.
(b) The designated dollar amounts shall change on July 1 of each even-numbered
year if the percentage of change, calculated to the nearest whole percentage
point, between the index for December of the preceding year and the reference
base index is ten percent or more. The portion of the percentage change in the
index in excess of a multiple of ten percent shall be disregarded and the
dollar amounts shall change only in multiples of ten percent of the amounts
stated in this section.
(c) If the index is revised, the percentage of change pursuant to this section
shall be calculated on the basis of the revised index. If a revision of the
index changes the reference base index, a revised reference base index shall be
determined by multiplying the reference base index then applicable by the
rebasing factor furnished by the Department of Commerce. If the index is
superseded, the index referred to in this section is the one represented by the
Department of Commerce as reflecting most accurately changes in the purchasing
power of the dollar for consumers.
(d) The commissioner of commerce shall announce and publish:
(1) on or before April 30 of each year in which dollar amounts are to change,
the changes in dollar amounts required by paragraph (b); and
(2) promptly after the changes occur, changes in the index required by paragraph
(c) including, if applicable, the numerical equivalent of the reference base
index under a revised reference base index and the designation or title of any
index superseding the index.
(e) A person does not violate this chapter with respect to a transaction
otherwise complying with this chapter if the person relies on dollar amounts
either determined according to paragraph (b) or appearing in the last
publication of the commissioner announcing the then current dollar amounts.
Subd. 5. Farm machines. Farm machines and implements used in farming operations
by a debtor engaged principally in farming, livestock, farm produce, and
standing crops, not exceeding $ 13,000 in value. When a debtor is a partnership
of spouses or a partnership of natural persons related to each other within the
third degree of kindred according to the rules of the civil law, for the
purposes of the exemption in this subdivision, the partners may elect to treat
the assets of the partnership as assets of the individual partners.
Subd. 6. Tools of trade. The tools, implements, machines, instruments, office
furniture, stock in trade, and library reasonably necessary in the trade,
business, or profession of the debtor, not exceeding $ 5,000 in value.
Subd. 7. Value limitations. The total value of property selected by a debtor
pursuant to subdivisions 5 and 6 shall not exceed $ 13,000, if the exemptions
under subdivisions 5 and 6 are combined.
Subd. 8. University apparatus. The library and philosophical and chemical or
other apparatus belonging to, and used for the instruction of youth in, any
university, college, seminary of learning, or school which is indiscriminately
open to the public.
Subd. 9. Exempt property claims. All money arising from any claim on account of
the destruction of, or damage to, exempt property.
Subd. 10. Insurance proceeds. All money received by, or payable to, a surviving
spouse or child from insurance payable at the death of a spouse, or parent, not
exceeding $ 20,000. The $ 20,000 exemption provided by this subdivision shall
be increased by $ 5,000 for each dependent of the surviving spouse or child.
Subd. 11. Beneficiary associations. All money, relief, or other benefits payable
or to be rendered by any police department association, fire department
association, beneficiary association, or fraternal benefit association to any
person entitled to assistance therefrom, or to any certificate holder thereof
or beneficiary under any such certificate.
Subd. 12. Manufactured home. A manufactured home, as defined in section 168.011,
subdivision 8, which is actually inhabited as a home by the debtor.
Subd. 12a. Motor vehicles. One motor vehicle to the extent of a value not
exceeding $ 2,000; or one motor vehicle to the extent of a value not exceeding
$ 20,000 that has been modified, at a cost of not less than $ 1,500, to
accommodate the physical disability making a disabled person eligible for a
certificate authorized by section 169.345.
Subd. 13. Earnings. All earnings not subject to garnishment by the provisions of
section 571.922. A subsequent attachment, garnishment or levy of execution
shall impound only that pay period's nonexempt disposable earnings not subject
to a prior attachment, garnishment or levy of execution, but in no instance
shall more than an individual's total nonexempt disposable earnings in that pay
period be subject to attachment, garnishment or levy of execution. Garnishments
shall impound the nonexempt disposable earnings in the order of their service
upon the employer. The disposable earnings exempt from garnishment are exempt
as a matter of right, whether claimed or not by the person to whom due. The
exemptions may not be waived. The exempt disposable earnings are payable by the
employer when due. The exempt disposable earnings shall also be exempt for 20
days after deposit in any financial institution, whether in a single or joint
account. This 20-day exemption also applies to any contractual setoff or
security interest asserted by a financial institution in which the earnings are
deposited by the individual. In tracing the funds, the first-in first-out
method of accounting shall be used. The burden of establishing that funds are
exempt rests upon the debtor. As used in this section, the term "financial
institution" includes credit unions. Nothing in this paragraph shall void or
supersede any valid assignment of earnings or transfer of funds held on account
made prior to the attachment, garnishment, or levy of execution.
Subd. 14. Public assistance. All relief based on need, and the earnings or
salary of a person who is a recipient of relief based on need, shall be exempt
from all claims of creditors including any contractual setoff or security
interest asserted by a financial institution. For the purposes of this chapter,
relief based on need includes MFIP, work first, general assistance medical
care, supplemental security income, medical assistance, Minnesota supplemental
assistance, and general assistance. The salary or earnings of any debtor who is
or has been an eligible recipient of relief based on need, or an inmate of a
correctional institution shall, upon the debtor's return to private employment
or farming after having been an eligible recipient of relief based on need, or
an inmate of a correctional institution, be exempt from attachment,
garnishment, or levy of execution for a period of six months after the debtor's
return to employment or farming and after all public assistance for which
eligibility existed has been terminated. The exemption provisions contained in
this subdivision also apply for 60 days after deposit in any financial
institution, whether in a single or joint account. In tracing the funds, the
first-in first-out method of accounting shall be used. The burden of
establishing that funds are exempt rests upon the debtor. Agencies distributing
relief and the correctional institutions shall, at the request of creditors,
inform them whether or not any debtor has been an eligible recipient of relief
based on need, or an inmate of a correctional institution, within the preceding
six months.
Subd. 15. Minor child earnings. The earnings of the minor child of any debtor
and any child support paid to any debtor, or the proceeds thereof, by reason of
any liability of such debtor not contracted for the special benefit of such
minor child.
Subd. 16. Claims for damages. The claim for damages recoverable by any person by
reason of a levy upon or sale under execution of the person's exempt personal
property, or by reason of the wrongful taking or detention of such property by
any person, and any judgment recovered for such damages.
Subd. 17. Selection. All articles exempted by this section shall be selected by
the debtor, the debtor's agent, or legal representative.
Subd. 18. Natural persons limitation. The exemptions provided for in
subdivisions 3 to 15 extend only to debtors who are natural persons except as
provided in subdivision 5 for partnerships.
Subd. 19. Waiver. The exemption of the property listed in subdivisions 2, 3, and
5 to 12a may not be waived except by a statement in substantially the following
form, in boldface type of a minimum size of 12 points, signed and dated by the
debtor at the time of the execution of the contract surrendering the exemption,
immediately adjacent to the listing of the property: "I understand that some or
all of the above property is normally protected by law from the claims of
creditors, and I voluntarily give up my right to that protection for the above
listed property with respect to claims arising out of this contract."
Subd. 20. Traceable funds. The exemption of funds from creditors' claims,
provided by subdivisions 9, 10, 11, 15, and 24, shall not be affected by the
subsequent deposit of the funds in a bank or any other financial institution,
whether in a single or joint account, if the funds are traceable to their
exempt source. In tracing the funds, the first-in first-out method of
accounting shall be used. The burden of establishing that funds are exempt
rests upon the debtor. No bank or other financial institution shall be liable
for damages for complying with process duly issued out of any court for the
collection of a debt even if the funds affected by the process are subsequently
determined to have been exempt.
Subd. 21. Value. For the purpose of this section "value" means current fair
market value.
Subd. 22. Rights of action. Rights of action for injuries to the person of the
debtor or of a relative whether or not resulting in death.
Subd. 23. Life insurance aggregate interest. The debtor's aggregate interest not
to exceed in value $ 4,000 in any accrued dividend or interest under or loan
value of any unmatured life insurance contract owned by the debtor under which
the insured is the debtor or an individual of whom the debtor is a dependent.
Subd. 24. Employee benefits. (a) The debtor's right to receive present or future
payments, or payments received by the debtor, under a stock bonus, pension,
profit sharing, annuity, individual retirement account, Roth IRA, individual
retirement annuity, simplified employee pension, or similar plan or contract on
account of illness, disability, death, age, or length of service, to the extent
of the debtor's aggregate interest under all plans and contracts up to a
present value of $ 30,000 and additional amounts under all the plans and
contracts to the extent reasonably necessary for the support of the debtor and
any spouse or dependent of the debtor.
(b) The exemptions in paragraph (a) do not apply when the debt is owed under a
support order as defined in section 518.54, subdivision 4a.
Subd. 25. Proceeds for improvements to property. Proceeds of payments received
by a person for labor, skill, material, or machinery contributing to an
improvement to real estate within the meaning of section 514.01.
550.38 Veteran's pension, bonus, or compensation
All moneys paid to any person as a veteran's pension, bonus, adjusted
compensation, allotment, or other benefit by the state of Minnesota or by the
United States are exempt from, and shall not be liable to, attachment,
garnishment, seizure, or sale on any final process issued out of any court for
the period of one year after receipt thereof.
550.39 Exemption of insurance policies
The net amount payable to any insured or to any beneficiary under any policy of
accident or disability insurance or under accident or disability clauses
attached to any policy of life insurance shall be exempt and free and clear
from the claims of all creditors of such insured or such beneficiary and from
all legal and judicial processes of execution, attachment, garnishment, or
otherwise.
571.922 Limitation on wage garnishment
Unless the judgment is for child support, the maximum part of the aggregate
disposable earnings of an individual for any pay period subjected to
garnishment may not exceed the lesser of:
(1) 25 percent of the debtor's disposable earnings; or
(2) the amount by which the debtor's disposable earnings exceed the following
product: 40 times the federal minimum hourly wages prescribed by section
6(a)(1) of the Fair Labor Standards Act of 1938, United States Code, title 29,
section 206(a)(1), in effect at the time the earnings are payable, times the
number of work weeks in the pay period. When a pay period consists of other
than a whole number of work weeks, each day of that pay period in excess of the
number of completed work weeks shall be counted as a fraction of a work week
equal to the number of excess work days divided by the number of days in the
normal work week.
If the judgment is for child support, the garnishment may not exceed:
(1) 50 percent of the judgment debtor's disposable income, if the judgment
debtor is supporting a spouse or dependent child and the judgment is 12 weeks
old or less (12 weeks to be calculated to the beginning of the work week in
which the execution levy is received);
(2) 55 percent of the judgment debtor's disposable income, if the judgment
debtor is supporting a spouse or dependent child, and the judgment is over 12
weeks old (12 weeks to be calculated to the beginning of the work week in which
the garnishment summons is received);
(3) 60 percent of the judgment debtor's disposable income, if the judgment
debtor is not supporting a spouse or dependent child and the judgment is 12
weeks old or less (12 weeks to be calculated to the beginning of the work week
in which the execution levy is received); or
(4) 65 percent of the judgment debtor's disposable income, if the judgment
debtor is not supporting a spouse or dependent child, and the judgment is over
12 weeks old (12 weeks to be calculated to the beginning of the work week in
which the garnishment summons is received).
Wage garnishments on judgments for child support are effective until the
judgments are satisfied if the judgment creditor is a county and the employer
is notified by the county when the judgment is satisfied.
No court may make, execute, or enforce an order or any process in violation of
this section.
423A.16 Exemption from assignments; process
Notwithstanding any law to the contrary, none of the money, annuities, or other
benefits provided by any police or salaried firefighters' relief association
shall be assignable in law or in equity, nor be subject to execution, levy,
attachment, garnishment, or other legal process, except as provided in section
518.58, 518.581, or 518.6111.
354.10 Funds not subject to assignment or process; beneficiaries
Subdivision 1. Exemption; exceptions. The right of a teacher to take advantage
of the benefits provided by this chapter, is a personal right only and is not
assignable. All money to the credit of a teacher's account in the fund or any
money payable to the teacher from the fund belongs to the state of Minnesota
until actually paid to the teacher or a beneficiary under this chapter. The
association may acknowledge a properly completed power of attorney form. An
assignment or attempted assignment of a teacher's interest in the fund, or of
the beneficiary's interest in the fund, by a teacher or a beneficiary is void
and exempt from garnishment or levy under attachment or execution, except as
provided in subdivision 2 or 3, or section 518.58, 518.581, or 518.6111.
Subd. 2. Automatic deposits. Upon receipt of the properly completed forms as
provided by the executive director, the annuity, benefit, or refund amount may
be electronically transferred or the annuity or benefit check may be mailed to
any financial institution associated with the National Automated Clearinghouse
Association or a comparable successor organization for deposit to the
recipient's individual account or joint account with the recipient's spouse or
any other person designated by the recipient. An overpayment to a joint account
after the death of the annuity or benefit recipient must be repaid to the fund
by the joint tenant if the overpayment is not repaid to the fund by the
financial institution associated with the National Automated Clearinghouse
Association or its successor. The board may prescribe the conditions which
govern these procedures.
Subd. 3. Payment to public bodies. If in the judgment of the executive director
conditions so warrant, payment may be made to a public body in behalf of an
annuitant, disabilitant, or survivor upon such terms as the executive director
may prescribe.
Subd. 4. Changes in designated beneficiaries. Any beneficiary designated by a
retiree or member under section 354.05, subdivision 22, may be changed or
revoked by the retiree or member on a form provided by the executive director.
A change or revocation made under this subdivision is valid only if the
properly completed form is received by the association on or before the date of
death of the retiree or the member. If a designated beneficiary dies before the
retiree or member designating the beneficiary, and a new beneficiary is not
designated, the retiree's or member's estate is the beneficiary.
354A.11 Certain money and credits of teachers exempt
All money deposited by a teacher or member or deposited by any other person or
corporation, municipal or private, to the credit of a teacher or member of a
teachers retirement fund association organized pursuant to this chapter, and
all money, rights, and interests or annuities due or to become due to a
teacher, member, or annuitant, or their beneficiaries, from any association
shall not be assignable, shall be exempt from garnishment, attachment, and
execution or sale on any final process issued from a court and other legal
process, except as provided in section 518.58, 518.581, or 518.6111, and shall
not be subject to the estate tax provisions of this state.
353.15 Nonassignability and exemption of annuities and benefits from judicial
process
Subdivision 1. Exemption; exceptions. No money, annuity, or benefit provided
for in this chapter is assignable or subject to execution, levy, attachment,
garnishment, or legal process, except as provided in subdivision 2 or section
518.58, 518.581, or 518.6111.
Subd. 2. Automatic deposits. The association may remit, through an automatic
deposit system, annuity, benefit, or refund payments only to a financial
institution associated with the National Automated Clearinghouse Association or
a comparable successor organization that is the trustee for a person eligible
to receive the annuity, benefit, or refund. Upon the request of the retiree,
disabilitant, survivor, or former member, the association may mail or send by
electronic transfer the annuity, benefit, or refund check to the applicable
financial institution for deposit in the person's account or joint account with
a spouse. The association may prescribe the conditions under which such payment
will be made.
Subd. 3. Payment to public bodies. If in the judgment of the executive director
conditions so warrant, payment may be made to a public body in behalf of an
annuitant, disabilitant, or survivor upon such terms as the executive director
may prescribe.
352.15 Exemption from process and taxation
Subdivision 1. Exemption; exceptions. None of the money, annuities, or other
benefits mentioned in this chapter is assignable either in law or in equity or
subject to execution, levy, attachment, garnishment, or other legal process,
except as provided in subdivision 1a or section 518.58, 518.581, or 518.6111.
Subd. 1a. Automatic deposits. The executive director may remit, through an
automatic deposit system, annuity, benefit, or refund payments only to a
financial institution associated with the National Automated Clearinghouse
Association or a comparable successor organization that is trustee for a person
eligible to receive the annuity, benefit, or refund. Upon the request of the
retiree, disabilitant, survivor, or former employee, the executive director may
remit the annuity, benefit, or refund check to the applicable financial
institution for deposit in the person's account or joint account. The board of
directors may prescribe the conditions under which payments will be made.
Subd. 2. Repealed, 1994 c 528 art 1 s 15
Subd. 3. Deducting health or dental insurance premiums. The board may direct, at
its discretion, the deduction of a retiree's health or dental insurance
premiums and transfer of the amounts to a health or dental insurance carrier
covering state employees. The insurance carrier must certify that the retired
employee has signed an authorization for the deduction and provide a computer
readable roster of covered retirees and amounts. The health or dental insurance
carrier must refund deductions withheld from a retiree's check in error
directly to the retiree. The board shall require the insurance carrier to
reimburse the fund for the administrative expense of withholding the premium
amounts. The insurance carrier shall assume liability for any failure of the
system to properly withhold the premium amounts.
Subd. 4. Direct transfer of refunds. Direct transfer of account refunds may be
made to individual retirement savings accounts or qualified retirement plans
upon application for transfer by a former employee, on forms acceptable to the
executive director.
64B.18 Benefits not attachable
The cash value, proceeds, or benefits under any matured or unmatured life
insurance or annuity contract issued before, on, or after June 2, 1987, by any
society authorized to do business under this chapter, is exempt from
attachment, garnishment, execution, or other legal process to the extent
provided by section 550.37, subdivisions 10, 23, and 24.
268.192 Protection of rights
Subdivision 1. Waiver of rights void. Any agreement by an individual to waive,
release, or commute rights to unemployment benefits or any other rights under
the Minnesota Unemployment Insurance Law shall be void. Any agreement by an
employee to pay all or any portion of an employer's taxes, shall be void. No
employer shall directly or indirectly make or require or accept any deduction
from wages to pay the employer's taxes, require or accept any waiver of any
right or in any manner obstruct or impede an application or continued biweekly
request for unemployment benefits. Any employer or officer or agent of any
employer who violates any portion of this subdivision shall, for each offense,
be guilty of a misdemeanor.
Subd. 2. No assignment of unemployment benefits; exemptions. Any assignment,
pledge, or encumbrance of unemployment benefits shall be void. Unemployment
benefits shall be exempt from levy, execution, attachment, or any other remedy
provided for the collection of debt. Any waiver of this subdivision shall be
void.
176.175 Right to compensation, award
Subdivision 1. Preferred claim. The right to compensation and all compensation
awarded any injured employee or for death claims to dependents have the same
preference against the assets of the employer as unpaid wages for labor. This
compensation does not become a lien on the property of third persons by reason
of this preference.
Subd. 2. Nonassignability. No claim for compensation or settlement of a claim
for compensation owned by an injured employee or dependents is assignable.
Except as otherwise provided in this chapter, any claim for compensation owned
by an injured employee or dependents is exempt from seizure or sale for the
payment of any debt or liability.
629.53 Providing release on bail; commitment
A person charged with a criminal offense may be released with or without bail
in accordance with rule 6.02 of the Rules of Criminal Procedure. Money bail is
the property of the accused, whether deposited by that person or by a third
person on the accused's behalf. When money bail is accepted by a judge, that
judge shall order it to be deposited with the court administrator. The court
administrator shall retain it until the final disposition of the case and the
final order of the court disposing of the case. Upon release, the amount
released must be paid to the accused personally or upon that person's written
order. In case of conviction, the judge may order the money bail deposit to be
applied to any fine or restitution imposed on the defendant by the court and,
if the fine or restitution is less than the deposit, order the balance to be
paid to the defendant. Money bail deposited with the court or any officer of it
is exempt from garnishment or levy under attachment or execution.
359.03 Seal; register
Subdivision 1. Requirement. Every notary shall get an official seal, with which
to authenticate official acts, and upon which shall be engraved the arms of
this state, the words "notarial seal." The seal, with the notary's official
register, is exempt from execution, and, on death or removal from office, the
register must be deposited with the court administrator of the district court
of the notary's county.
Subd. 2. Validation and legalization of certain instruments. All instruments
heretofore duly made and executed which have been acknowledged before a notary
public as provided by law, but the seal used thereon has engraved on it "notary
public," are hereby validated and legalized, and in case such instruments are
recorded, the recording is hereby validated and legalized, and all such
instruments are validated to the same extent as though properly sealed at the
time of their acknowledgment. This subdivision shall not affect any action now
pending in any of the courts of this state.
Subd. 3. Specifications. The seal of every notary public may be affixed by a
stamp that will print a seal which legibly reproduces under photographic
methods the seal of the state of Minnesota, the name of the notary, the words
"Notary Public," and the words "My commission expires ...............," with
the expiration date shown thereon. The seal shall be a rectangular form of not
more than three-fourths of an inch vertically by 2-1/2 inches horizontally,
with a serrated or milled edge border, and shall contain the information
required by this subdivision.
192.25 Exemption from process
No member of the guard shall be arrested, or served with any summons, order,
warrant or other civil process after having been ordered to any duty or while
going to, attending or returning from any place to which the member is required
to go for military duty; but nothing herein shall prevent an arrest by order of
a military officer or for a felony or breach of the peace committed while not
in the actual performance of assigned duties. The articles of equipment
personally owned by such members shall be exempt from seizure or sale for debt.
241.26 Private employment of inmates of state correctional institutions in
community
Subdivision 1. Commissioner. When consistent with the public interest and the
public safety, the commissioner of corrections may conditionally release an
inmate who is eligible and being considered for release under section 243.05,
to work at paid employment, seek employment, or participate in a vocational
training or educational program. Release under this subdivision is an extension
of the limits of confinement and each inmate so released shall be confined in
the correctional facility from which released or in some other suitable place
of confinement designated by the commissioner of corrections during the hours
the inmate is not employed, seeking employment, or engaged in a vocational
training or educational program, or, if employed, seeking employment, or
engaged in a vocational training or educational program, between the hours of
such activity. A reasonable allowance for travel time and meals shall be
permitted.
Subd. 2. Use of local detention facilities. The commissioner of corrections
shall designate state correctional institutions for participation in the
program authorized in subdivision 1 and shall adapt facilities of such
institutions to provide housing and supervision of inmates participating in
such program. The commissioner of corrections may also enter into contractual
agreements with appropriate city and county authorities for the confinement of
and provision of other correctional services to such inmates whose employment,
educational or vocational training programs so require, and such city and
county authorities are hereby authorized to make and enter such contracts and
agreements. When the commissioner determines that the circumstances of a
participant in the program authorized by subdivision 1 do not require the
security of a public detention facility, the commissioner may contract with
public and private agencies for the custody and separate care of such
participant or house the participant in a community correction center or under
house arrest and monitored by electronic surveillance in an approved residence.
Subd. 3. Rules. The commissioner of corrections shall establish rules for
placement and supervision of such inmates and for administration of programs
authorized by this section. When consistent with the public interest the
commissioner may grant furloughs to those inmates participating in the programs
authorized by this section who have spent at least 30 days in a residential
work release center operated by or under the control of the commissioner for a
period of time not to exceed their supervised release date.
Subd. 4. Revocation. The willful failure of an inmate to report to or return
from planned employment, seeking employment, educational or vocational
training, or furlough as provided in subdivision 3 shall be considered an
escape under section 609.485. If an inmate violates any of the rules provided
for in subdivision 3, the inmate's work placement, educational, or vocational
training privileges may be withdrawn by the commissioner.
Subd. 5. Earnings; work release account. The net earnings of each inmate
participating in the work release program provided by this section may be
collected by or forwarded to the commissioner of corrections for deposit to the
account of the inmate in the work release account in the state treasury, or the
inmate may be permitted to collect, retain, and expend the net earnings from
the inmate's employment under rules established by the commissioner of
corrections. The money collected by or forwarded to the commissioner under the
rules shall remain under the control of the commissioner for the sole benefit
of the inmate. After making deductions for the payment of state and local
taxes, if necessary, and for repayment of advances and gate money as provided
in section 243.24, wages under the control of the commissioner and wages
retained by the inmate may be disbursed by the commissioner or expended by the
inmate for the following purposes and in the following order:
(1) the cost of the inmate's keep as determined by subdivision 7, which money
shall be deposited in the general fund of the state treasury if the inmate is
housed in a state correctional facility, or shall be paid directly to the place
of confinement as designated by the commissioner pursuant to subdivision 1;
(2) necessary travel expense to and from work and other incidental expenses of
the inmate;
(3) support of inmate's dependents, if any;
(4) court-ordered restitution, if any;
(5) fines, surcharges, or other fees assessed or ordered by the court;
(6) contribution to any programs established by law to aid victims of crime,
provided that the contribution must not be more than 20 percent of the inmate's
gross wages;
(7) restitution to the commissioner of corrections ordered by a prison
disciplinary hearing officer for damage to property caused by an inmate's
conduct;
(8) restitution to staff ordered by a prison disciplinary hearing officer for
damage to property caused by an inmate's conduct;
(9) restitution to another inmate ordered by a prison disciplinary hearing
officer for personal injury to another caused by an inmate's conduct;
(10) after the above expenditures, the inmate shall have discretion to direct
payment of the balance, if any, upon proper proof of personal legal debts;
(11) the balance, if any, shall be disbursed to the inmate as provided in
section 243.24, subdivision 1.
The commissioner may authorize the payment of court-ordered restitution from an
inmate's wages when the restitution was court ordered as a sanction for the
conviction of an offense which is not the offense of commitment, including
offenses which occurred prior to the offense for which the inmate was committed
to the commissioner. All money in the work release account are appropriated
annually to the commissioner of corrections for the purposes of the work
release program.
Subd. 6. Exemption from process. Wages or salaries of work placement inmates
shall not be subject to garnishment, attachment, or execution in the hands of
either the employer or a state agent authorized to hold such funds.
Subd. 7. Payment of board and room. The commissioner shall determine the amount
to be paid for board and room by such work placement inmate. When special
circumstances warrant or for just and reasonable cause, the commissioner may
waive the payment by the inmate of board and room charges.
Where a work placement inmate is housed in a jail or workhouse, such board and
room revenue shall be paid over to such city or county official as provided for
in subdivision 2, provided however, that when payment of board and room has
been waived, the commissioner shall make such payments from funds appropriated
for that purpose.
Note: Exemptions may have changed since our last update.
» Back to Bankruptcy Laws In Your State