§ 4-24-6-5 — Distribution of trust funds upon inmate's death

Indiana § 4-24-6-5

• Jurisdiction: Indiana
• Art. 24: INSTITUTIONS─GENERAL PROVISIONS
• Ch. 6: Funds Belonging to Inmates and Patients─Recreation

Text

(a) If any inmate of any penal or correctional
institution, or any patient of any psychiatric institution, shall die, the
inmate's or patient's lawful heirs or devisees shall be entitled to any
money credited to and held in trust for the inmate or patient. If the heirs
or devisees of the inmate or patient are unknown, the money in the trust
account shall be kept intact to the account of the unknown heirs of the
inmate or patient for a period of two (2) years from the date of death.
If, at the expiration of the two (2) year period, no heir or devisee of any
deceased inmate or patient shall appear to make claim to the money,
the money shall be paid to the clerk of the circuit court of the county
from which the inmate or patient was committed to the institution, the
money to be held and disposed of by the clerk of court in the same
manner as are other unclaimed funds in the clerk of court's office.
(b) If any inmate of a penal or correctional institution, or if any
patient of a psychiatric hospital, shall escape from the institution, or
shall make an escape while absent from the institution on parole or
leave, any money credited to and held in trust for the inmate or patient
shall be kept intact for the escaped inmate or patient for a period of two
(2) years from the date of escape. If at the end of the two (2) year
period the escaped inmate or patient does not appear to make claim to
the money, the money shall be paid to the clerk of the circuit court of
the county from which the inmate or patient was committed to the
institution, the money to be held and disposed of by the clerk of court
in the same manner as are other unclaimed funds in the clerk of court's
office.
(c) No money belonging to any patient or inmate shall be paid over
to the clerk of any court as provided in this section if the inmate or
patient is indebted to the state of Indiana for maintenance by the
institution, in which case any money credited on the books of the
institution to the account of any inmate or patient shall be applied
against any indebtedness or maintenance, and the balance, if any, shall
then be paid to the clerk.
(d) Notwithstanding any other law, when the department of
correction has determined that an offender has escaped from custody,
the department of correction:
(1) may consider all of the escaped inmate's property (except
money) that is under the control of the department, to be
abandoned property;
(2) may dispose of the escaped inmate's abandoned property
consistent with rules adopted by the department under IC 4-22-2;
and
(3) is not civilly liable for the safekeeping of the escaped inmate's
property.
Formerly: Acts 1957, c.242, s.5. As amended by P.L.39-1983,
SEC.1; P.L.215-2016, SEC.100.