§ 34-13-3-7 — Administrative claim for inmate's recovery of property

Indiana § 34-13-3-7

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 13: CAUSES OF ACTION: CLAIMS AGAINST THE
• Ch. 3: Tort Claims Against Governmental Entities and Public

Text

(a) An offender must file an administrative
claim with the department of correction to recover compensation for
the loss of the offender's personal property alleged to have occurred
during the offender's confinement as a result of an act or omission of
the department or any of its agents, former officers, employees, or
contractors. A claim must be filed within one hundred eighty (180)
days after the date of the alleged loss.
(b) The department of correction shall evaluate each claim filed
under subsection (a) and determine the amount due, if any. If the
amount due is not more than five thousand dollars ($5,000), the
department shall approve the claim for payment and recommend to the
office of the attorney general payment under subsection (c). The
department shall submit all claims in which the amount due exceeds
five thousand dollars ($5,000), with any recommendation the
department considers appropriate, to the office of the attorney general.
The attorney general, in acting upon the claim, shall consider
recommendations of the department to determine whether to deny the
claim or recommend the claim to the governor for approval of payment.
(c) Payment of claims under this section shall be made in the same
manner as payment of claims under sections 24 and 25 of this chapter.
(d) The department of correction shall adopt rules under IC 4-22-2
necessary to carry out this section.
[Pre-1998 Recodification Citations: 34-4-16.5-6.5(c);
34-4-16.5-6.5(d); 34-4-16.5-6.5(e); 34-4-16.5-6.5(f).]

Legislative History

As added by P.L.1-1998, SEC.8. Amended by P.L.1-2025, SEC.227.