Sec. 22. (a) This section applies to any county that operates a county jail.

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Terms Used In Indiana Code 36-8-10-22

  • Board: refers to the sheriff's merit board established under this chapter. See Indiana Code 36-8-10-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
  • Trust fund: means the assets of the pension trust and consists of voluntary contributions from the department, money paid from the wages of employee beneficiaries, and other payments or contributions made to the pension trust, including the income and proceeds derived from the investment of them. See Indiana Code 36-8-10-2
     (b) The sheriff shall hold in trust separately for each inmate any money received from that inmate or from another person on behalf of that inmate.

     (c) If the inmate or the inmate’s legal guardian requests a disbursement from the inmate’s trust fund, the sheriff may make a disbursement for the personal benefit of the inmate, including but not limited to a disbursement to the county jail commissary.

     (d) Upon discharge or release of an inmate from the county jail, the sheriff shall pay to that inmate or the inmate’s legal guardian any balance remaining in the inmate’s trust fund.

     (e) If an inmate is found guilty of intentionally destroying or losing county property after a hearing conducted under IC 11-11-5-5, the sheriff may disburse from the inmate’s trust fund or commissary account sums of money as reimbursement to the county for the inmate’s intentional destruction or loss of county property, including but not limited to clothing, bedding, and other nondisposable items issued by the county to the inmate. Before disbursing money under this subsection, the sheriff shall adopt rules to administer this procedure.

     (f) The sheriff shall maintain a record of each trust fund’s receipts and disbursements. The state board of accounts shall prescribe the form for this record.

As added by Acts 1981, P.L.48, SEC.5. Amended by P.L.72-1994, SEC.2; P.L.80-2000, SEC.2; P.L.127-2017, SEC.266.

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