904.508 Property of inmate — inmate savings fund. 1. The superintendent of each institution shall receive and care for any property an inmate may possess on the inmate’s person upon entering the institution, and on the discharge ofthe inmate, return the property to the inmate or the inmate’s legal representatives, unlessthe property has been previously disposed of according to the inmate’s written designationor policies prescribed by the board. The superintendent may place an inmate’s moneyat interest, keeping an account of the money and returning the remaining money upondischarge. 2. Pursuant to section 904.702, the director shall establish and maintain an inmate savings fund in an interest-bearing account for the deposit of all or part of an inmate’s allowances andamounts, except amounts directed to be deposited in the inmate telephone fund establishedin section 904.508A, sent to the inmate from a source other than the department. All orpart of an inmate’s allowances and amounts, except amounts directed to be deposited inthe inmate telephone fund established in section 904.508A, from a source other than thedepartment shall be deposited into the savings fund, until the inmate’s xcept amounts directed to be deposited inthe inmate telephone fund established in section 904.508A, from a source other than thedepartment shall be deposited into the savings fund, until the inmate’s deposit is equal toone hundred dollars as provided in section 906.9. If an inmate’s deposits are equal to or inexcess of one hundred dollars, the inmate may voluntarily withdraw from the savings fund.The director shall notify the inmate of this right to withdraw and shall provide the inmate witha written request form to facilitate the withdrawal. If the inmate withdraws and the inmate’sdeposits exceed the amount due as provided in section 906.9, the director shall disburse theexcess amount as provided for allowances under section 904.702, except the director shallnot deposit the excess amount in the inmate savings fund. If the inmate chooses to continueto participate in the savings fund, the inmate’s deposits shall be returned to the inmate upondischarge, parole, or placement on work release. Otherwise, the inmate’s deposits shall bedisposed of as provided in subsection 3. An inmate’s deposits into the savings fund maybe used to provide the money due the inmate upon discharge, parole, se. Otherwise, the inmate’s deposits shall bedisposed of as provided in subsection 3. An inmate’s deposits into the savings fund maybe used to provide the money due the inmate upon discharge, parole, or placement on workrelease, as required under section 906.9. Interest earned from the savings fund shall be placedin a separate account, and may be used for purchases approved by the director to directly andcollectively benefit inmates. 3. Upon the death of an inmate, the superintendent of the institution shall immediately take possession of the decedent’s property left at the institution, including the inmate’sdeposits into the inmate savings fund, and shall deliver the property to the person designatedby the inmate to be contacted in case of an emergency. However, if the property left bythe decedent cannot be delivered to the designated person, delivery may be made to thesurviving spouse or an heir of the decedent. If the decedent’s property cannot be deliveredto the designated person and no surviving spouse or heir is known, the superintendent shalldeliver the property to the treasurer of state for disposition as unclaimed property pursuantto chapter 556, after deducting expenses and no surviving spouse or heir is known, the superintendent shalldeliver the property to the treasurer of state for disposition as unclaimed property pursuantto chapter 556, after deducting expenses incurred in disposing of the decedent’s body orproperty. 83 Acts, ch 96, §44, 159CS83, §217A.6685 Acts, ch 21, §25, 54CS85, §246.50889 Acts, ch 46, §1; 91 Acts, ch 219, §8C93, §904.5082003 Acts, 1st Ex, ch 2, §56, 209Referred to in §904.509, 904.702, 906.9 Sat Dec 23 12:40:20 2023 Iowa Code 2024, Section 904.508 (22, 0)
Iowa Legal Code