§353-20  Custody of moneys; accounts for
committed persons, etc.  All sums collected under this chapter and any
other authorized sources shall be deposited by the department into one or more
accounts with one or more financial institutions opened by the department for
the specific purpose of maintaining committed persons' funds.  The department
shall maintain accounts for each committed person to allow committed persons
use of their own funds for approved expenses and purchases during
incarceration.  The director may designate a percentage of all funds earned by
the committed person while in custody to be deposited and held in a
nonspendable account for the purpose of providing funds for that same committed
person upon release from custody.  The structure of these accounts shall be
designed so that all funds deposited by or for a committed person shall be
credited to the accounts.  Accounts maintained by the department for committed
persons shall not bear interest.  No interest of any kind shall be paid to a
committed person on any account maintained by the department for the committed
person.  The department shall provide quarterly accounting statements to all
committed persons held in custody for over one quarter of the year.  The
department shall conduct annual audits on all committed persons' accounts. [L
1987, c 338, pt of §3; am L 2009, c 75, §1]



 



Note



 



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



 



Case Notes



 



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