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Session Laws, 1981
Volume 741, Page 1589   View pdf image
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HARRY HUGHES, Governor

1589

(b) [Personal] IF PERSONAL property being held by the
Division of Correction[, if] IS claimed within the [period
of time referred to in subsection (a)] 30 DAYS, IT shall be
delivered to the inmate who satisfactorily establishes a
right to its possession and gives a proper receipt
[therefor] FOR THE PROPERTY.

(C) (1) THE COMMISSIONER SHALL ADOPT RULES AND
REGULATIONS DEFINING THAT PROPERTY WHICH IS CONTRABAND IN
THE INSTITUTIONS OF THE DIVISION OF CORRECTION AND
PRESCRIBING PROCEDURES FOR THE CONFISCATION OF CONTRABAND BY
INSTITUTIONAL STAFF.

(2) ANY INMATE WHOSE PROPERTY IS CONFISCATED
SHALL BE IMMEDIATELY ADVISED NOTIFIED THAT HE HAS A RIGHT TO
HAVE THE PROPERTY REMOVED FROM THE INSTITUTION OR SENT TO A
PERSON OUTSIDE THE INSTITUTION AT THE INMATE'S EXPENSE. IF
THE INMATE FAILS TO HAVE THE PROPERTY REMOVED OR SENT FROM
THE INSTITUTION WITHIN 30 DAYS AFTER NOTICE OF CONFISCATION,
THE PROPERTY WILL BE TREATED AS ABANDONED PROPERTY IN
ACCORDANCE WITH THE PROVISIONS OF SUBSECTION (D) OF THIS
SECTION.

[(c)] (D) Personal property unclaimed within the
period of time referred to in subsection (a) shall be deemed
abandoned. [Such] ABANDONED property may [then] be
converted to THE use OF THE INSTITUTION DIVISION OF
CORRECTION, sold, or otherwise disposed of according to
procedures established by the Commissioner of Correction.
[and all future] ALL claims to [proceeds or rights to
possession] ABANDONED PROPERTY [shall be] ARE absolutely
barred.

[(d)] (E) (1) Nothing in this section shall be
construed to create or recognize any cause, action, or
defense, or to abridge any immunity [now or hereafter held
by] OF the Division of Correction, the Commissioner, or any
employee[,].

(2) [and nothing] NOTHING IN THIS SECTION shall
affect or limit the authority of the [various] institutions
OF THE DIVISION to seize and dispose of PERSONAL PROPERTY
WHICH IS contraband PER SE in accordance with APPLICABLE
laws [relating thereto].

678B.

(A)  EACH INSTITUTION OF THE DIVISION OF CORRECTION
SHALL MAINTAIN A RESERVE FINANCIAL ACCOUNT AND A SPENDING
FINANCIAL ACCOUNT FOR EACH INMATE IN THE INSTITUTION.

(B)  THE ACCOUNTS OF AN INMATE MAY BE CHARGED FOR THE
REASONABLE VALUE OF ANY STATE PROPERTY THAT IS WILLFULLY OR
MALICIOUSLY DESTROYED BY THE INMATE OR THAT IS DESTROYED AS
A RESULT OF GROSS NEGLIGENCE BY THE INMATE.

(C)  THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS
THAT:

 

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Session Laws, 1981
Volume 741, Page 1589   View pdf image
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