and with the consent of the qualified defendant. The deferral shall be for a period of time not less than the period of the maximum sentence for the misdemeanor with which the person is charged or not more than the period of the maximum sentence of the felony with which the person is charged. The deferral is conditioned upon the defendant paying an amount to be determined by the court of not less than ten dollars ($10.00) nor more than thirty-five dollars ($35.00) per month as part payment of expenses incurred by the agency, department, program, group or association in supervising the defendant, and upon the defendant paying any or all additional costs of the defendant's supervision, counseling or treatment in a specified manner, based upon the defendant's ability to pay. The payments shall be made to the clerk of the court in which proceedings against the defendant were pending, who shall send the payments to the agency, department, program, group or association responsible for the supervision of the defendant, unless the defendant is found to be indigent and without anticipated future funds with which to make the payment. The clerk of the court collecting the payment is permitted to retain five percent (5%) of the proceeds collected for the handling and receiving of the proceeds as provided in this subdivision (a)(1)(A).

commissioner may deduct therefrom in the following order:(1) A maximum of fifteen percent (15%) to the victim of any crimes committed by the inmate to the extent of the victim's loss as determined by a written agreement or judgment under the Criminal Injuries Compensation Act of 1976, compiled in title 29, chapter 13, part 1, and thereafter to any state fund established by law to compensate victims of crime;(2) Room and board in an amount to be determined by the department;(3) A percentage of the remainder to be determined by the commissioner, after prior deductions under subdivisions (a)(1) and (2), to the spouse and children or legal guardian of the inmate's children; and(4) All remaining funds to the inmate's personal trust account.(b) No inmate may accumulate more than five hundred dollars ($500) in the inmate's personal trust account from arts and crafts sold pursuant to this part. This five-hundred-dollar limitation shall be cumulative and shall remain in effect for as long as the inmate is incarcerated. If funds remain from the sale of arts and crafts after the inmate's five-hundred-dollar personal trust account limitation has been reached, the excess funds shall be distributed as provided in subdivisions (a)(1)-(3).(c) Any amounts deducted pursuant to this section shall be payable in such manner as the commissioner may by policy prescribe.