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.
[Pre-1998 Recodification Citations: 34-4-16.5-6.5(c); 34-4-16.5-6.5(d); 34-4-16.5-6.5(e); 34-4-16.5-6.5(f).]
As added by P.L.1-1998, SEC.8.
Structure Indiana Code
Title 34. Civil Law and Procedure
Article 13. Causes of Action: Claims Against the Government
Chapter 3. Tort Claims Against Governmental Entities and Public Employees
34-13-3-0.1. Application of Certain Amendments to Chapter
34-13-3-0.2. Application of Certain Amendments to Prior Law
34-13-3-1. Applicability of Chapter
34-13-3-2. Applicability of Chapter
34-13-3-2.3. Applicability of Chapter to Ncsl 2020 Legislative Summit Host Committee
34-13-3-3. Immunity of Governmental Entity or Employee
34-13-3-4. Limitation on Aggregate Liability; Punitive Damages Prohibited
34-13-3-6. Notice to Attorney General and State Agency Involved
34-13-3-7. Administrative Claim for Inmate's Recovery of Property
34-13-3-8. Claims Against Political Subdivisions; Notice Requirement
34-13-3-9. Incapacitated Plaintiffs; Notice Requirement
34-13-3-10. Notice Requirement; Form of Statement
34-13-3-11. Approval or Denial of Claim by Government Entity
34-13-3-12. Notice Requirements; Service
34-13-3-13. Denial of Claim as Prerequisite to Suit
34-13-3-14. Compromise or Settlement of Claim by Governor
34-13-3-15. Attorney General; Powers and Duties
34-13-3-16. Compromise or Settlement of Claim by Political Subdivision
34-13-3-17. Enforcement of Judgments Against Governmental Entities
34-13-3-18. Time for Payment of Claim or Judgment; Interest Rate
34-13-3-19. Applicability of Ic 34-13-3-18; Settlement
34-13-3-20. Liability Insurance; Prohibitions
34-13-3-21. Attorney's Fees; Allowance to Governmental Entity; Action for Abuse of Process
34-13-3-22. Persons or Entities Considered Political Subdivisions
34-13-3-23. Structured Settlement; Discharge; Limits
34-13-3-24. Appropriations for Payment of Claims and Expenses
34-13-3-25. Presentation of Vouchers and Issuance of Warrants for Appropriations