§353-20  Custody of moneys; accounts forcommitted persons, etc.  All sums collected under this chapter and anyother authorized sources shall be deposited by the department into one or moreaccounts with one or more financial institutions opened by the department forthe specific purpose of maintaining committed persons' funds.  The departmentshall maintain accounts for each committed person to allow committed personsuse of their own funds for approved expenses and purchases duringincarceration.  The director may designate a percentage of all funds earned bythe committed person while in custody to be deposited and held in anonspendable account for the purpose of providing funds for that same committedperson upon release from custody.  The structure of these accounts shall bedesigned so that all funds deposited by or for a committed person shall becredited to the accounts.  Accounts maintained by the department for committedpersons shall not bear interest.  No interest of any kind shall be paid to acommitted person on any account maintained by the department for the committedperson.  The department shall provide quarterly accounting statements to allcommitted persons held in custody for over one quarter of the year.  Thedepartment shall conduct annual audits on all committed persons' accounts. [L1987, c 338, pt of §3; am L 2009, c 75, §1]

 

Note

 

  2009 amendment applies to all committed persons' accountsestablished before and after May 26, 2009.  L 2009, c 75, §2.

 

Case Notes

 

  The plain language of this section expressly authorized thedepartment of public safety to maintain only one individual trust account forprisoners pertaining to sums collected while committed; department violatedthis section where it maintained two accounts with respect to prisoner, one ofwhich restricted withdrawals for purposes determined by the department, and theinterest that accrued on prisoner's accounts must be paid on that account.  119H. 275, 196 P.3d 277.