WeVote
Log In

Bill

Bill

HB 406

VICTIM RECOVERY FOR INCARCERATED

2025 Regular Session Introduced by Pamelya Herndon

Bill authorizes garnishment of incarcerated individuals' wages and accounts to collect restitution for crime victims, but faces concerns about rehabilitation impacts and practical effectiveness.

action postponed indefinitely
#crimes&penalties
0
WeVote Research Nonpartisan
Bill Summary · HB 406

Legislative bill overview

HB 406 establishes a mechanism for crime victims to recover financial damages from incarcerated individuals by garnishing their prison wages, commissary accounts, and other financial resources. The bill aims to provide victims with restitution pathways while individuals are serving their sentences.

Why is this important

Crime victims often struggle to obtain compensation for losses caused by criminal acts, and many offenders lack assets upon release. This bill attempts to address that gap by creating a systematic approach to collect funds during incarceration when offenders may have steady income from prison work programs. The practical effect depends heavily on implementation details regarding wage levels, exemptions, and enforcement mechanisms.

Potential points of contention

  • Fairness and incentive concerns: Reducing incarcerated individuals' already minimal wages (often pennies per hour) could impact their ability to purchase necessities, maintain family support obligations, or prepare for reentry, potentially affecting rehabilitation outcomes and recidivism rates.
  • Implementation complexity: Questions exist about prioritizing multiple creditors (victims, child support, restitution orders, facility costs), calculating appropriate garnishment percentages, and ensuring funds actually reach intended victims rather than being absorbed by administrative costs.
  • Victim compensation adequacy: Prison wages are extremely low; garnishment may generate insufficient funds to meaningfully compensate victims while creating administrative burden disproportionate to actual recovery amounts.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.