Administrative claim for inmate's recovery of property
Sec. 7. (a) An offender must file an administrative claim with the
department of correction to recover compensation for the loss of the
offender's personal property alleged to have occurred during the
offender's confinement as a result of an act or omission of the
department or any of its agents, former officers, employees, or
contractors. A claim must be filed within one hundred eighty (180)
days after the date of the alleged loss.
(b) The department of correction shall evaluate each claim filed
under subsection (a) and determine the amount due, if any. If the
amount due is not more than five thousand dollars ($5,000), the
department shall approve the claim for payment and recommend to
the office of the attorney general payment under subsection (c). The
department shall submit all claims in which the amount due exceeds
five thousand dollars ($5,000), with any recommendation the
department considers appropriate, to the office of the attorney
general. The attorney general, in acting upon the claim, shall
consider recommendations of the department to determine whether
to deny the claim or recommend the claim to the governor for
approval of payment.
(c) Payment of claims under this section shall be made in the same
manner as payment of claims under IC 34-4-16.5-22.
(d) The department of correction shall adopt rules under IC 4-22-2
necessary to carry out this section.
As added by P.L.1-1998, SEC.8.
Last modified: May 24, 2006