§ 41-21-216 — Custody of prisoners' personal belongings and funds

(a) It is lawful for the warden of the penitentiary, acting under and subject to the power of the commissioner of correction, to take charge of any property in the possession of any of the inmates at the time of their entering the prison, and, on the application of the inmate, to sue for and receive any goods, chattels or money due or belonging to that inmate and to keep a correct account of such goods, chattels or money. (b) The money or property thus received shall be held subject to the order of the inmate upon discharge, or to the inmate's legal representative in case of death, subject at first to the payment of all costs that may have been adjudged against the inmate and the expenses of keeping the inmate, if any, over the value of the inmate's work. (c) If no demand is made for the money by the inmate, or a legally authorized agent or personal representative within six (6) months after the inmate's death or discharge, the amount on hand shall be paid by the warden through the commissioner into the state treasury. (d) The warden shall also cause the clothes of each inmate, when received into the penitentiary, to be washed and carefully put away, and shall place a ticket with the inmate's name on the clothes, to be returned to the inmate on the inmate's discharge; or, if the inmate prefers, to dispose of them to the best advantage, and retain the money, to be paid as provided in subsection (b).

Legislative History

Code 1858, §§ 5477-5480 (deriv. Acts 1829, ch. 38, §§ 17, 35); Shan., §§ 7493-7496; impl. am. Acts 1923, ch. 7, § 42; Code 1932, §§ 12088-12091; impl. am. Acts 1955, ch. 102, § 1; T.C.A. (orig. ed.), §§ 41-336 -- 41-339.