§ 11-11-2-6 — Fraud investigation; freezing accounts; coordination with prosecuting attorney; disposition of unlawful proceeds

Indiana § 11-11-2-6

• Jurisdiction: Indiana
• Art. 11: CORRECTIONAL STANDARDS AND
• Ch. 2: Searches and Seizures

Text

(a) This section applies if the department has
reasonable suspicion that money in a confined person's account was
derived from the commission of fraud under IC 35-43-5-4(b)(6).
(b) If the department has reasonable suspicion that money in a
confined person's account was derived from the commission of fraud,
the department may freeze all or a part of the confined person's account
for not more than one hundred eighty (180) days while the department
conducts an investigation to determine whether money in the confined
person's account derives from fraud. If the department freezes the
account of a confined person under this subsection, the department
shall notify the confined person in writing.
(c) If the department's investigation reveals that no money in the
confined person's account was derived from fraud, the department shall
unfreeze the account at the conclusion of the investigation.
(d) If the department's investigation reveals that money in the
confined person's account may have been derived from the commission
of fraud, the department shall notify the prosecuting attorney of the
results of the department's investigation.
(e) If the prosecuting attorney charges the confined person with
fraud, the department shall freeze the confined person's account until
the case reaches final judgment.
(f) If the prosecuting attorney does not charge the confined person
with fraud, or if the confined person is acquitted of the charge of fraud,
the department shall unfreeze the confined person's account.
(g) If the confined person is convicted of fraud, the department, in
consultation with the prosecuting attorney, shall locate the money or
property derived from fraud and return it to the rightful owner.
(h) If, ninety (90) days after the date of a confined person's
conviction for fraud, the department has located the money or property
derived from the commission of fraud but is unable to return the money
to the rightful owner, the department shall deposit the money in the
violent crime victims compensation fund established by IC 5-2-6.1-40.

Legislative History

As added by P.L.81-2008, SEC.4. Amended by P.L.174-2021, SEC.7.