§ 12-48-15 — Disposition of inmate funds - Warden to keep account of inmate funds

1. The warden of the penitentiary shall keep an account for each inmate. Not more than
fifty percent of an inmate's penitentiary earnings, as provided by penitentiary rules,
must be withheld from an inmate and deposited in a separate account for the inmate
and may not be made available to the inmate until the inmate's release from the
penitentiary, except as authorized by the warden. The remainder of an inmate's
earnings must be made available to the inmate on a regular basis.
2. Inmates may, in writing, authorize the warden or designee to deposit any of their
accumulated earnings from the prison industries, hobby, work release, or any other
prison program in an interest-earning account in the Bank of North Dakota for the
benefit of the inmate. The account must be a two-signature account requiring the
inmate's signature and that of an authorized designated officer or employee of the
state penitentiary for withdrawal.
3. The warden may directly deposit an inmate's funds from sources outside of the
penitentiary in any bank or account the inmate may designate. If a court order does
not allow an inmate to designate a bank or account other than a Bank of North Dakota
account or if it is necessary for the benefit and protection of the inmate, the warden,
upon written explanation to the inmate, shall deposit an inmate's funds from sources
outside the penitentiary into a Bank of North Dakota account. The department of
corrections and rehabilitation and its divisions, departments, officers, and employees
may not be held responsible or liable for any inmate income or funds deposited into a
bank or account designated by an inmate.
4. The warden is responsible for guiding inmates in making proper use of their funds to
pay their obligations, including the payment of any administratively ordered fee, fine or
restitution, court-appointed counsel fees, court-ordered restitution, support for
dependent relatives, or to provide for their own medical, surgical, eye care, or dental
treatment, or to pay for other services not generally provided by the state. The warden
may withdraw funds from an inmate's penitentiary account or Bank of North Dakota
two-signature account, without the inmate's signature, to meet the inmate's legitimate
financial obligations. Before the funds may be withdrawn, the inmate must first receive
written notice and be provided a penitentiary administrative hearing with the right to
appeal according to department of corrections and rehabilitation rules. An inmate is not
entitled to prior written notice, administrative hearing, or right to an appeal to the
department of corrections and rehabilitation when funds are to be withdrawn for
payment of a court-ordered obligation, including child support, provided the inmate has
had notice and an opportunity to be heard in the court proceedings.
5. The warden may pay an inmate all funds in the inmate's spending account, less the
inmate's outstanding obligations to the penitentiary, when the inmate is transferred to a
county jail or regional correctional center or placed in community corrections
confinement. The warden may pay an inmate all funds in the inmate's account, less
the inmate's outstanding obligations to the penitentiary, when the inmate is transferred
to a correctional facility outside of this state. The warden shall pay an inmate all funds
in the inmate's account, less the inmate's outstanding obligations to the penitentiary,
when the inmate is released on parole or discharged from the penitentiary.