§ 40.1-5.3-12 - Investigation of ability to pay for maintenance. - Rhode Island Statutes

SECTION 40.1-5.3-12

   § 40.1-5.3-12  Investigation of ability topay for maintenance. – It shall be the duty of the fiscal agent to investigate all cases of prisonerstransferred pursuant to § 40.1-5.3-7 to the facility provided for in§ 40.1-5.3-1 to ascertain whether there is any estate belonging to theprisoners which may be applied to satisfy the liability established by §40.1-5.3-11, and any bank or other custodian of the estate belonging to theprisoners shall be required to make discovery thereof upon written demand ofthe fiscal agent; provided, however, that any information so obtained shall notbe disclosed, directly or indirectly, by the fiscal agent to any person exceptas necessary and proper to carry out the provisions of § 40.1-5.3-11. Thefiscal agent shall request that the general treasurer commence and prosecute anaction, suit, or proceeding pursuant to § 40.1-5.3-11 whenever he or shedetermines that an action, suit, or proceeding is appropriate in light of theestate belonging to the prisoner sought to be charged. In determining theappropriateness of an action, suit, or proceeding, the fiscal agent shallconsider the effect that execution against the estate would have upon thesupport and maintenance of those persons, if any, to whom the prisoner soughtto be charged is liable for support.