§ 12-29-120 — Use of federal relief or stimulus funds to pay outstanding court obligations

(a) Unless prohibited by federal law, a person who is in the custody of the Department of Corrections for an offense committed in the state who receives any federal relief or stimulus funds from the United States Government is required to first use the federal relief or stimulus funds to pay off existing court fines, fees, costs, or restitution before he or she may use the federal relief or stimulus funds for any other purpose. (b) If the department is made aware of existing court fines, fees, costs, or restitution owed by a person in its custody who has received funds from the United States Government, the department shall: (1) Verify the funds received by the person are intended for the person; (2) Verify the funds received are federal relief or stimulus funds; (3) Withhold from any federal relief or stimulus funds an amount not to exceed the amount owed for fines, fees, costs, or restitution; and (4) Forward the withheld federal relief or stimulus funds to the circuit clerk in the county or to the city treasurer in the municipality to which existing court fines, fees, costs, or restitution is owed. (c) It is not the responsibility of the department to search for existing court fines, fees, costs, or restitution owed by a person in its care and custody. (d) If a person who is in the custody of the department receives any federal relief or stimulus funds from the United States Government but has no known existing court fines, fees, costs, or restitution, the federal relief or stimulus funds shall be distributed in equal parts to the following: (1) An inmate welfare fund established under § 12-29-107 ; and (2) The Division of Correction Inmate Care and Custody Fund Account. (e) This section applies retroactively to any federal relief or stimulus funds received on or after October 13, 2020, from the United States Government. (f) If the department is unable to confirm funds received by a person in its custody are federal relief or stimulus funds, the funds will be deposited into the person's inmate banking account.

Legislative History

Added by Act 2021, No. 1110,§ 1, eff. 5/3/2021.