§ 34-13-3-7 Administrative claim for compensation for loss of offender

Codes > Indiana Code > Title 34 > Article 13 : Chapter 3 > 34-13-3-7 Administrative

34-13-3-7 Administrative claim for compensation for loss of offender’s property

    Sec. 7. (a) An offender must file an administrative claim with the department of correction to recover compensation for the loss of the offender's personal property alleged to have occurred during the offender's confinement as a result of an act or omission of the department or any of its agents, former officers, employees, or contractors. A claim must be filed within one hundred eighty (180) days after the date of the alleged loss.

    (b) The department of correction shall evaluate each claim filed under subsection (a) and determine the amount due, if any. If the amount due is not more than five thousand dollars ($5,000), the department shall approve the claim for payment and recommend to the office of the attorney general payment under subsection (c). The department shall submit all claims in which the amount due exceeds five thousand dollars ($5,000), with any recommendation the department considers appropriate, to the office of the attorney general. The attorney general, in acting upon the claim, shall consider recommendations of the department to determine whether to deny the claim or recommend the claim to the governor for approval of payment.

    (c) Payment of claims under this section shall be made in the same manner as payment of claims under IC 34-4-16.5-22.

    (d) The department of correction shall adopt rules under IC 4-22-2 necessary to carry out this section.