Sec. 5. (a) If any inmate of any penal or correctional
institution, or any patient of any psychiatric institution, shall die, the inmate’s or patient’s lawful heirs or devisees shall be entitled to any money credited to and held in trust for the inmate or patient. If the heirs or devisees of the inmate or patient are unknown, the money in the
trust account shall be kept intact to the account of the unknown heirs of the inmate or patient for a period of two (2) years from the date of death. If, at the expiration of the two (2)
year period, no heir or devisee of any deceased inmate or patient shall appear to make claim to the money, the money shall be paid to the
clerk of the circuit court of the county from which the inmate or patient was committed to the institution, the money to be held and disposed of by the
clerk of court in the same manner as are other unclaimed funds in the clerk of court’s office.
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Terms Used In Indiana Code 4-24-6-5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- institution: shall mean psychiatric, penal, correctional, benevolent, or special educational institutions owned and operated by the state of Indiana. See Indiana Code 4-24-6-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(c) No money belonging to any patient or inmate shall be paid over to the clerk of any court as provided in this section if the inmate or patient is indebted to the state of Indiana for maintenance by the institution, in which case any money credited on the books of the institution to the account of any inmate or patient shall be applied against any indebtedness or maintenance, and the balance, if any, shall then be paid to the clerk.
(d) Notwithstanding any other law, when the department of correction has determined that an offender has escaped from custody, the department of correction:
(1) may consider all of the escaped inmate’s property (except money) that is under the control of the department, to be abandoned property;
(2) may dispose of the escaped inmate’s abandoned property consistent with rules adopted by the department under IC 4-22-2; and
(3) is not civilly liable for the safekeeping of the escaped inmate’s property.
Formerly: Acts 1957, c.242, s.5. As amended by P.L.39-1983, SEC.1; P.L.215-2016, SEC.100.
