Introduced Version
SENATE BILL No. 573
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-11-2.
Synopsis: Seizure of inmate trust funds. Permits the department of
correction to seize money in an inmate's account that is derived from
illegal or fraudulent activity. Provides that money obtained through a
fraudulent or illegal act shall be returned to the person against whom
the fraudulent or illegal act was committed. Requires the department
of correction to deposit the money in the violent crime victim's
compensation fund if the department is unable to return the money to
that person within 180 days.
Effective: July 1, 2007.
Steele, Waterman
January 23, 2007, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
Introduced
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 573
A BILL FOR AN ACT to amend the Indiana Code concerning
corrections.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-11-2-1; (07)IN0573.1.1. -->
SECTION 1. IC 11-11-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this
chapter:
"Contraband" means property the possession of which is in violation
of an Indiana or federal statute.
"Prohibited property" means property other than contraband that the
department does not permit a confined person to possess. The term
includes money in a confined person's account that derives from
fraudulent or illegal activity described in section 4(d) of this
chapter.
SOURCE: IC 11-11-2-4; (07)IN0573.1.2. -->
SECTION 2. IC 11-11-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) When the
department seizes property, it shall give the affected person written
notice of the seizure. This notice must include the date of the seizure,
the property seized, the name of the person who seized the property, the
reason for the seizure, and the fact that the department's action may be
challenged through the grievance procedure.
(b) When the department seizes property of a confined person that
it later determines is neither contraband nor prohibited property, it shall
return the property to that person or make such other reasonable
disposition as directed by that person.
(c) Except as provided in subsection (d), when the department
seizes prohibited property, it shall forward the property to a person or
address designated by the confined person or make any other
reasonable disposition.
(d) Money seized as prohibited property shall be disposed of as
follows:
(1) If subdivision (2) does not apply, the money shall be
deposited in the inmate recreation fund of that institution
established under IC 4-24-6-6.
(2) If the money was provided to a confined person by another
person as a result of a fraudulent or illegal act committed by
the confined person against the other person, the money shall
be returned to the other person. If the department is unable
to return the money to the other person within one hundred
eighty (180) days after the date the money is seized by the
department, the department shall deposit the money in the
violent crime victims compensation fund under IC 5-2-6.1-40.
SOURCE: IC 11-11-2-6; (07)IN0573.1.3. -->
SECTION 3. IC 11-11-2-6 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2007]:
Sec. 6. (a) If the department determines that money in the
account of a confined person derives from fraudulent or illegal
activity described in section 4(d)(2) of this chapter, the department
may seize the money in the account that derives from the
fraudulent or illegal activity.
(b) In seizing money under this section, the department shall
comply with section 4 of this chapter.
(c) A confined person from whose account money has been
seized under this section may challenge the seizure through the
grievance procedure.