CHAPTER 2. SEARCHES AND SEIZURES
IC 11-11-2
Chapter 2. Searches and Seizures
IC 11-11-2-1
Definitions
Sec. 1. As used in this chapter:
"Contraband" means property the possession of which is in
violation of an Indiana or federal statute.
"Prohibited property" means property other than contraband that
the department does not permit a confined person to possess. The
term includes money in a confined person's account that was derived
from inmate fraud (IC 35-43-5-20).
As added by Acts 1979, P.L.120, SEC.4. Amended by P.L.81-2008,
SEC.2.
IC 11-11-2-2
Prohibited property; notification of classification; permitted
property
Sec. 2. The department shall determine what type of property
other than contraband a confined person may not possess and shall
inform him of that classification. In carrying out this section, the
department may inform a confined person of the type or items of
property he is permitted to possess, in which event all other property
not contraband is prohibited property. Property that a confined
person is otherwise permitted to possess may become prohibited
property due to the means by which it is possessed or used.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-2-3
Procedure for reasonable searches and seizures
Sec. 3. (a) The department may conduct reasonable searches of its
facilities and persons confined in them and may seize contraband or
prohibited property.
(b) Searches and seizures shall be conducted so as to avoid
unnecessary force, embarrassment, or indignity to confined persons.
The department shall establish procedures for searches and seizures.
(c) For purposes of IC 4-22-2, the term "procedures" as used in
this section relates solely to internal policy and procedure not having
the force of law.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-2-4
Seized property; written notice to affected person; disposition
Sec. 4. (a) When the department seizes property, it shall give the
affected person written notice of the seizure. This notice must
include the date of the seizure, the property seized, the name of the
person who seized the property, the reason for the seizure, and the
fact that the department's action may be challenged through the
grievance procedure.
(b) When the department seizes property of a confined person that
it later determines is neither contraband nor prohibited property, it
shall return the property to that person or make such other reasonable
disposition as directed by that person.
(c) Except as provided in subsection (d) or section 6 of this
chapter, when the department seizes prohibited property, it shall
forward the property to a person or address designated by the
confined person or make any other reasonable disposition.
(d) Except as provided in section 6 of this chapter, money seized
as prohibited property shall be deposited in the inmate recreation
fund of that institution established under IC 4-24-6-6.
As added by Acts 1979, P.L.120, SEC.4. Amended by Acts 1980,
P.L.87, SEC.6; P.L.81-2008, SEC.3.
IC 11-11-2-5
Limitation on amount of property confined person may possess;
disposition of property beyond permissible limits
Sec. 5. The department may, for purposes of maintaining the
security of its facilities and programs, securing the health and safety
of individuals, and promoting administrative manageability, limit the
amount of property a confined person may possess at any one time.
The department may seize and dispose of property accumulated by
a committed person beyond permissible limits in accord with the
provisions of this chapter governing the seizure and disposition of
prohibited property.
As added by Acts 1979, P.L.120, SEC.4.
IC 11-11-2-6
Inmate fraud investigation; freezing accounts; coordination with
prosecuting attorney; disposition of unlawful proceeds
Sec. 6. (a) This section applies if the department has reasonable
suspicion that money in a confined person's account was derived
from the commission of inmate fraud (IC 35-43-5-20).
(b) If the department has reasonable suspicion that money in a
confined person's account was derived from the commission of
inmate fraud, the department may freeze all or a part of the confined
person's account for not more than one hundred eighty (180) days
while the department conducts an investigation to determine whether
money in the confined person's account derives from inmate fraud.
If the department freezes the account of a confined person under this
subsection, the department shall notify the confined person in
writing.
(c) If the department's investigation reveals that no money in the
confined person's account was derived from inmate fraud, the
department shall unfreeze the account at the conclusion of the
investigation.
(d) If the department's investigation reveals that money in the
confined person's account may have been derived from the
commission of inmate fraud, the department shall notify the
prosecuting attorney of the results of the department's investigation.
(e) If the prosecuting attorney charges the confined person with
inmate fraud, the department shall freeze the confined person's
account until the case reaches final judgment.
(f) If the prosecuting attorney does not charge the confined person
with inmate fraud, or if the confined person is acquitted of the charge
of inmate fraud, the department shall unfreeze the confined person's
account.
(g) If the confined person is convicted of inmate fraud, the
department, in consultation with the prosecuting attorney, shall
locate the money or property derived from inmate fraud and return
it to the rightful owner.
(h) If, ninety (90) days after the date of a confined person's
conviction for inmate fraud, the department has located the money
or property derived from the commission of inmate fraud but is
unable to return the money to the rightful owner, the department
shall deposit the money in the violent crime victims compensation
fund established by IC 5-2-6.1-40.
As added by P.L.81-2008, SEC.4.