Safekeeping of money and valuables of offenders: Prisoners’ Personal Property Fund; duties of Director; withdrawals by offenders; disbursement of interest and income; penalties.
1. The Director may accept money, including the net amount of any wages earned during the incarceration of an offender after any deductions made by the Director and valuables belonging to an offender at the time of his incarceration or afterward received by gift, inheritance or the like or earned during the incarceration of an offender, and shall deposit the money in the Prisoners’ Personal Property Fund, which is hereby created as a trust fund.
2. An offender shall deposit all money that he receives into his individual account in the Prisoners’ Personal Property Fund.
3. The Director:
(a) Shall keep, or cause to be kept, a full and accurate account of the money and valuables, and shall submit reports to the Board relating to the money and valuables as may be required from time to time.
(b) May permit withdrawals for immediate expenditure by an offender for personal needs.
(c) Shall pay over to each offender upon his release any remaining balance in his individual account.
4. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Offenders’ Store Fund.
5. The provisions of this chapter do not create a right on behalf of any offender to any interest or income that accrues on the money in the Prisoners’ Personal Property Fund. The provisions of this chapter do not establish a basis for any cause of action against the State or against officers or employees of the State to claim ownership of any interest or income that accrues on the money in the Prisoners’ Personal Property Fund.
6. An offender who does not deposit all money he receives into his individual account in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.
7. A person who aids or encourages an offender not to deposit all money the offender receives into the individual account of the offender in the Prisoners’ Personal Property Fund as required in this section is guilty of a gross misdemeanor.
Last modified: February 26, 2006