§ 4-24-6-9 — Accountability for funds held in trust

(a) Except as provided in subsection (c), the
superintendent or warden of any institution may not be held personally
liable for the loss of:
(1) money held in trust for any inmate or patient of the institution;
or
(2) money deposited in the recreation fund of the institution.
(b) Except as provided in subsection (c), in the event the
superintendent or warden delegates to any officer or employee of the
superintendent's or warden's institution the authority to administer the
provisions of sections 6 and 7 of this chapter, the officer or employee
may not be held personally liable for the loss of:
(1) money held in trust for any inmate or patient of the institution;
or
(2) money deposited in the recreation fund of the institution.
(c) A superintendent or warden or a delegate of a superintendent or
warden may be held personally liable under subsection (a) or (b) if the
loss of money arises from the superintendent's, the warden's, or the
delegate's official misconduct. All other losses under this section must
be covered by the general blanket performance bond or crime insurance
policy under subsection (d).
(d) No other bond except the general performance blanket bond
given by the superintendent or warden of any institution, or by an
officer or employee of the institution, shall be required. A general
blanket performance bond or crime insurance policy endorsed to
include faithful performance that is obtained under IC 5-4-1-15.1 shall
cover any misfeasance or nonfeasance in the administration of sections
6 and 7 of this chapter on the part of any superintendent, warden,
officer, or employee of the institution.
(e) The commissioner of insurance shall prescribe the form of the
bonds or crime policies required by this section.
Formerly: Acts 1957, c.242, s.9; Acts 1965, c.87, s.2. As
amended by P.L.5-1984, SEC.195; P.L.49-1995, SEC.1; P.L.22-1996,
SEC.1; P.L.215-2016, SEC.101.