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Court Rules State Can Garnish Inmates' Wages
By azstarnet.com
Published: 09/28/2010

PHOENIX - A federal appeals court ruled Monday that there's nothing illegal about the state's setting aside money from an inmate's wages so he'll have it when he's released.

The fact that the prisoner will die behind bars doesn't change that.

In a unanimous decision, the judges rejected challenges by Timothy Lee Ward to a state law that requires officials at the Department of Corrections to withhold part of his wages until the total in the account reaches $50. They said Ward doesn't have the legal interest in the money that permits him to sue.

State law requires that inmates be paid for their work at a rate determined by the state corrections director. That money can be used to buy items at a store for inmates or for long-distance phone calls.

Ward said he should have access to all of the money, including the $50 set aside for "gate money."

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