The department may require each offender, while in the custody of the department or while on probation or parole, to place funds received or earned by the offender from any source into:
Terms Used In Utah Code 64-13-23
Department: means the Department of Corrections. See Utah Code 64-13-1
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Service of process: The service of writs or summonses to the appropriate party.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
an account administered by the department; or
(b)
a joint account with the department at a federally insured financial institution.
(2)
The department may require each offender to maintain a minimum balance in an account under Subsection (1) for the particular offender’s use upon:
(a)
discharge from the custody of the department; or
(b)
completion of parole or probation.
(3)
If the funds are placed in a joint account at a federally insured financial institution:
(a)
any interest accrues to the benefit of the offender account; and
(b)
the department may require that the signatures of both the offender and a departmental representative be submitted to the financial institution to withdraw funds from the account.
(4)
If the funds are placed in an account administered by the department, the department may by rule designate:
(a)
a certain portion of the offender’s funds as interest-bearing savings; and
(b)
a portion of the offender’s funds as noninterest-bearing to be used for day-to-day expenses.
(5)
The department may withhold part of the offender’s funds in an account under Subsection (1) for expenses of:
(a)
supervision or treatment;
(b)
restitution, reparation, fines, alimony, support payments, or similar court-ordered payments;
(c)
obtaining the offender’s DNA specimen, if the offender is required under Section 53-10-404 to provide a specimen;
(d)
department-ordered repayment of a fine that is incurred under Section 64-13-33; and
(e)
any other debt to the state.
(6)
(a)
An offender may not be granted free process in civil actions, including petitions for a writ of habeas corpus, if, at any time from the date the cause of action arose through the date the cause of action remains pending, there are any funds in an account under Subsection (1) that have not been withheld or are not subject to withholding under Subsection (4) or (5).
(b)
The amount assessed for the filing fee, service of process and other fees and costs shall not exceed the total amount of funds the offender has in excess of the indigence threshold established by the department but not less than $25 including the withholdings under Subsection (4) or (5) during the identified period of time.
(c)
The amounts assessed shall not exceed the regular fees and costs provided by law.
(7)
The department may disclose information on offender accounts to the Office of Recovery Services and other appropriate state agencies.
