§ 40.1-5.3-12. Investigation of ability to pay for maintenance.
It shall be the duty of the fiscal agent to investigate all cases of prisoners transferred pursuant to § 40.1-5.3-7 to the facility provided for in § 40.1-5.3-1 to ascertain whether there is any estate belonging to the prisoners that may be applied to satisfy the liability established by § 40.1-5.3-11, and any bank or other custodian of the estate belonging to the prisoners shall be required to make discovery thereof upon written demand of the fiscal agent; provided, however, that any information so obtained shall not be disclosed, directly or indirectly, by the fiscal agent to any person except as necessary and proper to carry out the provisions of § 40.1-5.3-11. The fiscal agent shall request that the general treasurer commence and prosecute an action, suit, or proceeding pursuant to § 40.1-5.3-11 whenever he or she determines that an action, suit, or proceeding is appropriate in light of the estate belonging to the prisoner sought to be charged. In determining the appropriateness of an action, suit, or proceeding, the fiscal agent shall consider the effect that execution against the estate would have upon the support and maintenance of those persons, if any, to whom the prisoner sought to be charged is liable for support.
History of Section.P.L. 1982, ch. 274, § 1; P.L. 1997, ch. 326, § 137.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-5.3 - Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity
Section 40.1-5.3-1. - Facility for incompetent persons and others.
Section 40.1-5.3-2. - Transfers between state-operated hospitals.
Section 40.1-5.3-3. - Competency to stand trial.
Section 40.1-5.3-4. - Commitment of persons acquitted on ground of insanity.
Section 40.1-5.3-5. - Expenses of examination.
Section 40.1-5.3-6. - Examination of persons awaiting trial or convicted and imprisoned for crime.
Section 40.1-5.3-7. - Hearing on petition.
Section 40.1-5.3-8. - Duration of order of transfer — Officer to whom directed.
Section 40.1-5.3-9. - Return to confinement.
Section 40.1-5.3-9.1. - Hearing on petition.
Section 40.1-5.3-10. - Expenses of examination.
Section 40.1-5.3-11. - Liability for expenses of maintenance — Action for collection of expenses.
Section 40.1-5.3-12. - Investigation of ability to pay for maintenance.
Section 40.1-5.3-13. - General rights.
Section 40.1-5.3-14. - Right to treatment — Treatment plan.
Section 40.1-5.3-15. - Disclosure of confidential information and records.
Section 40.1-5.3-16. - Disclosure of rights.
Section 40.1-5.3-17. - Penalties for deprivation of rights — Disciplinary action — Duty to report.