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UTAH STATUTES AND CODES
64-13-15 - Property of offender -- Storage and disposal.
64-13-15. Property of offender -- Storage and disposal.
(1) (a) Offenders may retain personal property at correctional facilities only as authorizedby the department. An offender's property which is retained by the department shall beinventoried and placed in storage by the department and a receipt for the property shall be issuedto the offender. Offenders shall be required to arrange for disposal of property retained by thedepartment within a reasonable time under department rules. Property retained by the departmentshall be returned to the offender at discharge, or in accordance with Title 75, Utah UniformProbate Code, in the case of death prior to discharge.
(b) If property is not claimed within one year of discharge, or it is not disposed of by theoffender within a reasonable time after the department's order to arrange for disposal, it becomesproperty of the state and may be used for correctional purposes or donated to a charity within thestate.
(c) If an inmate's property is not claimed within one year of his death, it becomes theproperty of the state in accordance with Section 75-2-105.
(d) Funds which are contraband and in the physical custody of any prisoner, whether inthe form of currency and coin which are legal tender in any jurisdiction or negotiable instrumentsdrawn upon a personal or business account, shall be subject to forfeiture following a hearingwhich accords with prevailing standards of due process. All such forfeited funds shall be used bythe department for purposes which promote the general welfare of prisoners in the custody of thedepartment. Money and negotiable instruments taken from offenders' mail under department ruleand which are not otherwise contraband shall be placed in an account administered by thedepartment, to the credit of the offender who owns the money or negotiable instruments.
(2) Upon discharge from a secure correctional facility, the department may give aninmate transition funds in an amount established by the department with the approval of thedirector of the Division of Finance. At its discretion, the department may spend the funds directlyon the purchase of necessities or transportation for the discharged inmate.
(1) (a) Offenders may retain personal property at correctional facilities only as authorizedby the department. An offender's property which is retained by the department shall beinventoried and placed in storage by the department and a receipt for the property shall be issuedto the offender. Offenders shall be required to arrange for disposal of property retained by thedepartment within a reasonable time under department rules. Property retained by the departmentshall be returned to the offender at discharge, or in accordance with Title 75, Utah UniformProbate Code, in the case of death prior to discharge.
(b) If property is not claimed within one year of discharge, or it is not disposed of by theoffender within a reasonable time after the department's order to arrange for disposal, it becomesproperty of the state and may be used for correctional purposes or donated to a charity within thestate.
(c) If an inmate's property is not claimed within one year of his death, it becomes theproperty of the state in accordance with Section 75-2-105.
(d) Funds which are contraband and in the physical custody of any prisoner, whether inthe form of currency and coin which are legal tender in any jurisdiction or negotiable instrumentsdrawn upon a personal or business account, shall be subject to forfeiture following a hearingwhich accords with prevailing standards of due process. All such forfeited funds shall be used bythe department for purposes which promote the general welfare of prisoners in the custody of thedepartment. Money and negotiable instruments taken from offenders' mail under department ruleand which are not otherwise contraband shall be placed in an account administered by thedepartment, to the credit of the offender who owns the money or negotiable instruments.
(2) Upon discharge from a secure correctional facility, the department may give aninmate transition funds in an amount established by the department with the approval of thedirector of the Division of Finance. At its discretion, the department may spend the funds directlyon the purchase of necessities or transportation for the discharged inmate.
Amended by Chapter 124, 1991 General Session
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