§ 12-29-504 - Reimbursement proceedings -- Appointment of guardian.
12-29-504. Reimbursement proceedings -- Appointment of guardian.
(a) (1) Whenever it shall be found that any person has been admitted to an institution of the Department of Correction as a prisoner, the Attorney General or the prosecuting attorney of the county from which the person was so sentenced shall petition the circuit court of the county from which the person was sentenced if the person or prisoner possesses any estate or becomes possessed of any estate while he or she remains in the institution.
(2) The petition shall:
(A) State that the person is a prisoner in a penal facility of the department;
(B) State that the Attorney General or prosecuting attorney has good reason to believe and does believe that the prisoner has an estate;
(C) Pray for the appointment of a guardian of the person if a guardian has not already been so appointed; and
(D) Pray that the estate may be subjected to payment to the state of the expenses paid and to be paid by the state on behalf of the person as a prisoner.
(b) (1) The court shall thereupon issue a citation to show cause why the prayer of the petitioner should not be granted.
(2) If the prisoner has a guardian, the petition shall be served upon the guardian.
(3) If the prisoner has no guardian, the petition shall be served upon the prisoner by delivering a copy personally, or by registered mail to the warden or head of the penal institution where the prisoner is being detained, at least fourteen (14) days before the date of the hearing.
(4) The court may appoint a guardian of the person or prisoner.
(c) (1) (A) At the time of the hearing, if it appears that the person or prisoner has an estate that ought to be subject to the claim of the state, the court, without further notice, shall appoint a guardian of the person and estate of the prisoner if the court deems one necessary for the protection of the rights of all parties concerned.
(B) (i) The court shall make an order requiring the guardian or any person or corporation possessing the estate belonging to the prisoner to appropriate and apply the estate or such part thereof, as may appear to be proper toward reimbursing the state, to the payment of the expenses so far incurred by the state on behalf of the prisoner and a part thereof towards reimbursing the state for the future expenses that it must pay on the prisoner's behalf.
(ii) This reimbursement shall not be in excess of the per capita cost of maintaining prisoners in the institution in which the prisoner is an inmate.
(2) (A) However, before issuing any order under this subchapter providing for payments from the estate of the prisoner for his or her cost of care while confined to an institution of the department, the court shall take into consideration and make allowances for the maintenance and support of the spouse, dependent children, or other persons having a moral or legal right to support and maintenance out of the estate of the prisoner.
(B) The court shall take those factors into consideration in determining the amount to be paid, if any, from the estate of the prisoner for his or her cost of care at the department.
(d) (1) If a guardian, person, or corporation shall neglect or refuse to comply with the order, the court shall cite him or her to appear before the court at a time as it may direct and to show cause why he or she should not be sentenced for contempt of court.
(2) As an additional remedy, the Attorney General or prosecuting attorney may enforce payment of the sums provided in the original order by a proper action in the name of the state.
(3) If, in the opinion of the court, the estate of the prisoner is sufficient to pay the cost of the proceedings, the estate shall be made liable therefor by order of the court.
(e) (1) The proceedings provided for by this section may be begun at any time after admittance to a penal facility of the department.
(2) Recovery may be had for the expenses incurred on behalf of a person or prisoner during the entire period the person has been confined as a prisoner in a penal facility of the department.