§ 41-21-907 — Jurisdiction - Form of complaint - Hearing - Order - Amount of reimbursement - Failure to comply - Payment of costs - Recovery of expenses in care of inmate

(a) The circuit court shall have exclusive jurisdiction over all proceedings under this part. The attorney general and reporter may file a complaint in the circuit court of the county from which an inmate was sentenced, stating that the person is or has been an inmate in a state correctional facility, that there is good cause to believe that the inmate has assets and petition that the assets be used to reimburse the state for the expenses incurred or to be incurred, or both, by the state for the costs of care of the person as an inmate. (b) Upon the filing of the complaint under subsection (a), the court shall issue an order to show cause why the petition should not be granted. The complaint and order shall be served upon the inmate personally or, if the inmate is confined in a state correctional facility, by registered mail addressed to the inmate in care of the chief administrator of the state correctional facility where the inmate is housed at least thirty (30) days before the date of hearing on the complaint and order. (c) At the time of the hearing on the complaint and order, if it appears that the inmate has any assets that ought to be subjected to the claim of the state under this part, the court shall issue an order requiring any person, corporation or other legal entity possessing or having custody of those assets to appropriate and apply the assets or a portion of the assets toward reimbursing the state as provided for under this part. The reimbursement is subject to payments for court-ordered child support and arrearages before the state may apply any amounts recovered for reimbursement of its expenses, including the costs of any investigations. (d) The amount of reimbursement under this part shall not be in excess of the per diem cost of care for maintaining inmates in the state correctional facility in which the inmate is housed. (e) At the hearing on the complaint and order and before entering any order on behalf of the state against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children or other dependants, and any moral obligation to support dependants to whom the defendant is providing or has in fact provided support. At the hearing the inmate shall have the opportunity to put on proof to show why such an order should not be entered or the existence of appropriate obligations that should limit application of the order. (f) If the person, corporation or other legal entity neglects or refuses to comply with an order under subsection (c), the court shall order the person, corporation or other legal entity to appear before the court at such time as the court directs and to show cause why the person, corporation or other legal entity should not be considered in contempt of court. (g) If, in the opinion of the court, the assets of the inmate are sufficient to pay the cost of the proceedings under this part, the assets shall be liable for those costs upon order of the court. (h) The state may recover the expenses incurred or to be incurred, or both, by the state for the cost of care of the inmate during the entire period or periods the person is an inmate in a state correctional facility.

Legislative History

Acts 1998, ch. 992, § 8.