§ 12-29-504 — Reimbursement proceedings - Appointment of guardian

Arkansas § 12-29-504

• Jurisdiction: Arkansas
• Title: 12

Text

(a) (1) When a person is admitted to an institution of the Department of Correction as an inmate or the Department of Community Correction as a resident of a community correction facility, the Attorney General shall petition the Pulaski County Circuit Court or the prosecuting attorney of the county from which the inmate or resident was sentenced shall petition the circuit court of the county from which the person was sentenced if the inmate or resident possesses any estate or becomes possessed of any estate while he or she is in the institution or community correction facility. (2) The petition shall: (A) State that the person is an inmate at an institution of the Department of Correction or a resident of a community correction facility of the Department of Community Correction; (B) State that the Attorney General or prosecuting attorney has good reason to believe and does believe that the inmate or resident has an estate; (C) Pray for the appointment of a guardian of the person if a guardian has not already been appointed; and (D) Pray that the estate may be subjected to payment to the state of the expenses paid and to be paid by the state on behalf of the inmate or resident as an inmate or resident. (b) (1) The circuit court shall then issue a citation to show cause why the prayer of the petitioner should not be granted. (2) If the inmate or resident has a guardian, the petition shall be served upon the guardian. (3) If the inmate or resident does not have a guardian, the petition shall be served at least fourteen (14) days before the date of the hearing upon the inmate or resident by delivering a copy personally or by registered mail to the warden or head of the institution where the person is an inmate or, if the person is a resident of a community correction facility of the Department of Community Correction, to the Director of the Department of Community Correction. (4) The circuit court may appoint a guardian of the person. (c) (1) (A) At the time of the hearing, if it appears that the inmate or resident has an estate that is subject to the claim of the state, without further notice the circuit court shall appoint a guardian of the person and estate of the inmate or resident if the circuit court determines a guardian is necessary for the protection of the rights of all parties concerned. (B) (i) The circuit court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the inmate or resident to appropriate and apply the estate or part of the estate as appropriate toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the inmate or resident, and a part of the estate toward reimbursing the state for the future expenses that it must pay on the inmate's or resident's behalf. (ii) The reimbursement under subdivision (c)(1)(B)(i) of this section shall not be in excess of the per capita cost of maintaining inmates or residents in the institution or community correction facility in which he or she is an inmate or resident. (2) (A) However, before issuing any order under this subchapter providing for payments from the estate of the inmate or resident for his or her cost of care while confined to an institution of the Department of Correction or community correction facility of the Department of Community Correction, the circuit court shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children, or other persons having a moral or legal right to support and maintenance out of the estate of the inmate or resident. (B) The circuit court shall take the factors under subdivision (c)(2)(A) of this section into consideration in determining the amount to be paid, if any, from the estate of the inmate or resident for his or her cost of care at the Department of Correction or the Department of Community Correction. (d) (1) If a guardian, person, or corporation neglects or refuses to comply with the order, the circuit court shall cite the guardian, person, or corporation to appear before the circuit court at a time as it may direct and to show cause why the guardian, person, or corporation should not be sentenced for contempt of court. (2) As an additional remedy, the Attorney General or prosecuting attorney may enforce payment of the sums provided in the original order by a proper action in the name of the state. (3) If in the opinion of the court the estate of the inmate or resident is sufficient to pay the cost of the proceedings under this section, the estate shall be made liable for the cost of the proceedings by order of the circuit court. (e) (1) The proceedings provided for by this section may be begun at any time after admittance of the person to a facility of the Department of Correction as an inmate or to a community correction facility of the Department of Community Correction as a resident. (2) Recovery may be had for the expenses incurred on behalf of an inmate or resident during the entire period the person is an inmate at a facility of the Department of Correction or a resident of a community correction facility of the Department of Community Correction.

Legislative History

Amended by Act 2015, No. 1161,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 289,§ 3, eff. 8/16/2013. Acts 1981, No. 715, § 4; A.S.A. 1947, § 46-1704.