CHAPTER 2. SEARCHES AND SEIZURES
IC 11-11-2
Chapter 2. Searches and Seizures
IC 11-11-2-1
Definitions
Sec. 1. As used in this chapter:
"Contraband" means property the possession of which is inviolation of an Indiana or federal statute.
"Prohibited property" means property other than contraband thatthe department does not permit a confined person to possess. Theterm includes money in a confined person's account that was derivedfrom inmate fraud (IC 35-43-5-20).
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.81-2008,SEC.2.
IC 11-11-2-2
Prohibited property; notification of classification; permittedproperty
Sec. 2. The department shall determine what type of propertyother than contraband a confined person may not possess and shallinform him of that classification. In carrying out this section, thedepartment may inform a confined person of the type or items ofproperty he is permitted to possess, in which event all other propertynot contraband is prohibited property. Property that a confinedperson is otherwise permitted to possess may become prohibitedproperty due to the means by which it is possessed or used.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-2-3
Procedure for reasonable searches and seizures
Sec. 3. (a) The department may conduct reasonable searches of itsfacilities and persons confined in them and may seize contraband orprohibited property.
(b) Searches and seizures shall be conducted so as to avoidunnecessary force, embarrassment, or indignity to confined persons.The department shall establish procedures for searches and seizures.
(c) For purposes of IC 4-22-2, the term "procedures" as used inthis section relates solely to internal policy and procedure not havingthe force of law.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-2-4
Seized property; written notice to affected person; disposition
Sec. 4. (a) When the department seizes property, it shall give theaffected person written notice of the seizure. This notice mustinclude the date of the seizure, the property seized, the name of theperson who seized the property, the reason for the seizure, and thefact that the department's action may be challenged through thegrievance procedure.
(b) When the department seizes property of a confined person that
it later determines is neither contraband nor prohibited property, itshall return the property to that person or make such other reasonabledisposition as directed by that person.
(c) Except as provided in subsection (d) or section 6 of thischapter, when the department seizes prohibited property, it shallforward the property to a person or address designated by theconfined person or make any other reasonable disposition.
(d) Except as provided in section 6 of this chapter, money seizedas prohibited property shall be deposited in the inmate recreationfund of that institution established under IC 4-24-6-6.
As added by Acts 1979, P.L.120, SEC.4. Amended by Acts 1980,P.L.87, SEC.6; P.L.81-2008, SEC.3.
IC 11-11-2-5
Limitation on amount of property confined person may possess;disposition of property beyond permissible limits
Sec. 5. The department may, for purposes of maintaining thesecurity of its facilities and programs, securing the health and safetyof individuals, and promoting administrative manageability, limit theamount of property a confined person may possess at any one time.The department may seize and dispose of property accumulated bya committed person beyond permissible limits in accord with theprovisions of this chapter governing the seizure and disposition ofprohibited property.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-2-6
Inmate fraud investigation; freezing accounts; coordination withprosecuting attorney; disposition of unlawful proceeds
Sec. 6. (a) This section applies if the department has reasonablesuspicion that money in a confined person's account was derivedfrom the commission of inmate fraud (IC 35-43-5-20).
(b) If the department has reasonable suspicion that money in aconfined person's account was derived from the commission ofinmate fraud, the department may freeze all or a part of the confinedperson's account for not more than one hundred eighty (180) dayswhile the department conducts an investigation to determine whethermoney in the confined person's account derives from inmate fraud.If the department freezes the account of a confined person under thissubsection, the department shall notify the confined person inwriting.
(c) If the department's investigation reveals that no money in theconfined person's account was derived from inmate fraud, thedepartment shall unfreeze the account at the conclusion of theinvestigation.
(d) If the department's investigation reveals that money in theconfined person's account may have been derived from thecommission of inmate fraud, the department shall notify theprosecuting attorney of the results of the department's investigation.
(e) If the prosecuting attorney charges the confined person with
inmate fraud, the department shall freeze the confined person'saccount until the case reaches final judgment.
(f) If the prosecuting attorney does not charge the confined personwith inmate fraud, or if the confined person is acquitted of the chargeof inmate fraud, the department shall unfreeze the confined person'saccount.
(g) If the confined person is convicted of inmate fraud, thedepartment, in consultation with the prosecuting attorney, shalllocate the money or property derived from inmate fraud and returnit to the rightful owner.
(h) If, ninety (90) days after the date of a confined person'sconviction for inmate fraud, the department has located the moneyor property derived from the commission of inmate fraud but isunable to return the money to the rightful owner, the departmentshall deposit the money in the violent crime victims compensationfund established by IC 5-2-6.1-40.
As added by P.L.81-2008, SEC.4.